P. S. MISHRA, C. J.

( 1 ) AN organisation mailed a. P. Sampoorna Madya Nishedha Samithi and two persons Smt. Malladi Subbamma and Smt. Sandhyanvadanam Lakshmi Devi have moved this Court under Art. 226 of the Constitution of India seeking any appropriate writ, order or direction, more particularly one in the nature of a writ of mandamus declaring the A. P. Prohibition (Amendment) Act, 1997. Act 5 of 1997 (hereinafter called Amendment Act) as unconstitutional and void and consequently directing the Government of Andhra Pradesh to strictly implement the provisions of the A. P. Prohibition Act, 1995, Act 17 of 1995 (hereinafter called Prohibition Act ). Smt. Malladi Subbamma who has claimed to be the President of the Samithi has stated that it is an unregistered society formed on 20-9-94 of persons drawn from different walks of life and from different places as a culmination of movement for imposition of total prohibition in the State. It is said on 24-9-94 nearly 20,000 people participated in a rally demanding ban of Indian made Foreign liquor and a memorandum signed by several prominent leaders was submitted to the Governor on 1-10-1994. Thus, according to the petitioners, total prohibition was imposed upon any trade or business, storate or consumption of intoxicating liquor called l. M. L. and I. M. F. L. besides arrack by Act 17 of 1995. A state level committee as envisaged under Sec. 27 of the Prohibition Act was constituted by which Smt. Malladi Subbamma and Smt. Sandyavandanam Lakshmi Devi were appointed members. They, however, "because of the indifferent attitude adopted by the Government to the policy of prohibition in the Suite" resigned from the committee on 2-6-1996.

( 2 ) A brief history of the policy of total prohibition is narrated by ihe petitioners which is substantially acknowledged by the respondents. State of Andhra Pradesh and the Commissioner of Excise and Prohibition, for information and appreciation of the matter. There were two sets of enactments, one in regard to Telangana area and the other in regard to Andhra area called the A. P. (Telangana Area) Abkari Act, 1360 F (Act 1 of 1360 F) and the A. P. (Telangana Area) Intoxicating Drugs Act, 1333 F (Act IV of 1333f) in regard to Telangana area of the State and the A. P. (Andhra Area) Abkari Act, 1886 which was replaced by the A. P. (Andhra Area) Prohibition Act, 1937. The latter Act of 1937 empowered the State to issue notification to the effect that provisions of the Act other than Sections 1, 3 and 6 would cease to be in force in any local area on any particular date and the A. P. (Andhra Area) Abkari Act, 1886 would revive and come into force in the local area from the said date. To integrate the laws which applied in two areas of the State the A. P. Excise Act, 1968 ws brought into force which in the first instance extended only to the Telangana area and by a notification under proviso to Sec. 2 of the A. P. (Andhra Area) Prohibition Act, 1937 extended to Andhra area with effect from 1-11-1969. This Act prohibited/ prohibits manufacture, possession and sale of all excisable articles except under a licence, excisable article is defined in this Act as meaning any alcoholic liquor for human consumption and certain other substances as enumerated in Sec. 2 sub-section (9) thereof. 2a. Long and short, however, of the story is that on 16-1-95 the State promulgated an Ordinance and subsequently the legislature adopted the A. P. Prohibition Act, 1995 vires of which was decided by a Full Bench of this Court in M. C. Dowell and Co. Ltd. v. State of A. P. , 1995 2 ALT 513 and in Kanaka Durga Wines v. Govt. of A. P. , 1995 3 ALT 228 and in the light of the lacuna/deficiencies pointed out by the Court it received an amendment by Act 35 of 1995. Based, however, on experience in course of the implementation of the Prohibition Act, the Government of the State introduced the Bill and the legislature of the State has passed the Amendment Act which, according to the pe

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