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P.A.CHOUDARY
Sree Durga Wines Motinagar, Balanagar, rep. by its proprietor V. Sadanand – Appellant
Versus
Excise Superintendent, R. R. District at Hyderabad – Respondent


ORDER :

1. In this batch of writ petitions, the validity of G.O. Ms. No. 817 Rev. (E) Department dt. 27th August, 1987 published in the Andhra Peadesh Gazette Extraordinary dt. August 29, 1987 is assailed. The said G.O. Ms. No. 817 was issued by the Government of Andhra Pradesh in exercise of its powers conferred by Section 72 of the A.P. Excise Act, amending the Andhra Pradesh Foreign liquor and Indian Liquor Rules, 1970, issued earlier in G.O. Ms. No. 1005, Revenue (E) Department dt. 29th August, 1970. To the extent we are concerned with the aforesaid G. Os., it is enough if we men-tion that under the earlier G.O. Ms. No. 1005 retail licence-holders who sell all kinds of Indian liquor, foreign liquor and beer have to pay certain licence fee fixed under Sec. 72(h)(ii) of the Excise Act. For the purpose of fixing the licence fee which a retailer selling liquor is obliged to obtain u/s 15 of the Act, G.O. Ms. No. 1005 divided the places where the licence fee should oper-ate into villages, towns, cities, municipalities and corporations. On that basis the law as then stood fixed the varying licence fees payable by the retailers. Now by reason of G.O. Ms. No. 817, a new concept of peri

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