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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

WRIT PETITION No.521 of 2020 DATE OF ORDER: 30.03.2026

Between:

Angoth Shivaji, S/o. Sakru

...Petitioner AND

The State of Telangana Rep. by its Principal Secretary

Prohibition & Excise Department, Secretariat, Hyderabad& 8 others

...Respondents

ORDER:

This writ petition is filed challenging the notice dated 31.12.2019

issued by respondent No.3 – District Prohibition & Excise Officer calling upon the petitioner to show cause as to why the license granted to him to sell Indian made Foreign Liquor and Foreign Liquor in Shop No.1, Madharam Village should not be cancelled. A consequential prayer is sought to direct respondent No.3 to withdraw the impugned notice dated

31.12.2019 or to set aside the same.

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2. None appears on behalf of the petitioner today and even on the last

two occasions.

3. Heard learned Assistant Government Pleader for Prohibition & Excise

appearing for the respondents and perused the record.

4. It is to be noted that a Co-ordinate Bench of this Court, by order dated 08.01.2020, granted interim stay of all further proceedings pursuant to the impugned show cause notice in Cr.No.37/2019/P&Ex/A2, dated 31.12.2019. The matter was thereafter adjourned from time to time. The Co-ordinate Bench also observed that there was a dispute regarding the date of issuance of the caste certificate i.e. whether it was issued on 17.11.2018 or 04.02.2019. However, there was no dispute that both certificates reflected the petitioner's caste as S.T. (Lambadi). At the same time, the Co- ordinate Bench observed alleged tampering and directed the respondent

authorities to take appropriate action, while extending interim protection.

5. A counter affidavit is filed on behalf of the respondents stating that the show cause notice dated 31.12.2019 was issued based on the report of the Tahsildar, Julurpad, vide letter Rc.No.A/802/2019, dated 23.12.2018, wherein it was stated that the Agency Area Certificate dated 04.02.2019 was not issued by their office. It is further submitted that the petitioner was granted A4 license bearing No.G.Sl.No.KTG027 dated 07.11.2019 for Madharam Shop No.1 pursuant to the Excise Policy for the year 2019-21 issued under G.O.Ms.No.110, Revenue (Ex.II) Department, dated

01.10.2019.

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6. It is further contended by the learned Assistant Government Pleader that during the pendency of the writ petition, the said excise policy period came to an end on 30.09.2021 and therefore, the cause in the writ petition

no longer survives.

7. This Court, upon considering the submissions made by learned Assistant Government Pleader for Prohibition & Excise and relying upon the principle laid down by the Hon'ble Apex Court in Bani Singh v. State of Uttar Pradesh1, wherein it was categorically held that the High Court cannot dismiss any appeal for non-prosecution simpliciter without examining the merits and taking note of the fact that the license period itself has expired with the conclusion of the Excise Policy 2019-21, is of the opinion that no effective relief can be granted at this stage. In such circumstances, this Court deems it appropriate to dismiss this writ petition as infructuous, as the cause in the writ petition no longer survives for

adjudication.

8. Accordingly, this writ petition is dismisses as infructuous. There shall

be no order as to costs.

As a sequel thereto, miscellaneous applications if any pending, in this

petition, shall stand closed.

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E.V.VENUGOPAL, J Date: 30.03.2026

Nsk

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(1996) 4 SCC 720