Wp/6508/2005 Of G.shankar v. The Dy. Director Of Income Tax

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF APRILTWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 6508 of 2005 Between: 1 G.Shankar, S/o. Sri Gouraiah, H.No.3-10-316, Mankamma Thota, Karimnagar, A.P.,2 P.Srinivas, S/o. Sri Gangaram, Mankamma Thota, Karimnagar, A.P. AND ... PETITIONERS 1 The Deputy Director of Income Tax (Investigation), Unit - 1 (II), 4th Floor, Annex Building, Ayakar Bhavan, Hyderabad. 2 The Commissioner of Prohibition and Excise, Govt. of Andhra Pradesh, Hyderabad. 3 The Superintendent of Prohibition and Excise, Prohibition and Excise Building, 5th floor, M.J.Road, Hyderabad. 4 The Prohibition and Excise Superintendent, Ranga Reddy District. 5 The Prohibition and Excise Superintendent, Hyderabad District. ..RESPONDENTS Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleasedto issue a Writ, direction or order especially in the nature of writ of Mandamusdeclaring the action of the first respondent in calling upon the Superintendents of Excise and Prohibition in the State of A.P. to produce the demand draftssubmitted by various applicants within 24 hours of the delivery of the judgmentand the Hon'ble High Court of A.P., now pending Writ appeals as illegal,arbitrary and in excess of the powers conferred on the first respondent underthe provisions of Income Tax Act, 1961 and consequently direct the ExciseSuperintendent to release the original demand drafts to the various applicantswithout complying with the directions of the first respondent. Counsel for the Petitioners: M/SRPN ASSOCIATES Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court, at the stage of admission, made the following: ORDER:(Per BRSR,J) Sri R.Raghunandan, learned counsel for the petitioners, states that the cause inthis writ petition does not survive requiring any further adjudication. The writ petition shall accordingly stand dismissed. ___________________________ B. SUDERSHAN REDDY, J. GS __________________ C.V. RAMULU, J. To 1 The Deputy Director of Income Tax (Investigation), Unit - 1 (II), 4th Floor, Annex Building, Ayakar Bhavan, Hyderabad. 2 The Commissioner of Prohibition and Excise, Govt. of Andhra Pradesh, Hyderabad. 3 The Superintendent of Prohibition and Excise, Prohibition and Excise Building, 5th floor, M.J.Road, Hyderabad. 4 The Prohibition and Excise Superintendent, Ranga Reddy District. 5 The Prohibition and Excise Superintendent, Hyderabad District. 6. Two CCs to the G.P. for Prohibition and Excise, High Court of A.P., Hyderabad. (OUT) 7. Two C.D. Copies.