IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION Nos: 3144, 3164, 3265 and 3353 of 2009 WRIT PETITION NO : 3144 of 2009 Between: Arvapally Gowri Shanker Rep. by its Proprietor, Arvapally Gowri Shanker, R/o. 7-2-61, Old Gunj, Siddipet, Medak District. ..... PETITIONER AND 1 The Prohibition & Excise Superintendent Medak at Sangareddy. 2 The Station House Officer Prohibition & Excise Station Siddipet, Medak Dist. 3 The Station House Officer Law & Order I Town Police Station, Siddipet, Medak Dist. 4 The Station House Officer Law & Order II Town Police Station, Siddipet, Medak Dist. 5 The Station House Officer Law & Order Rural Police Station, Siddipet, Medak Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in harassing by interfering with the business of the petitioner in Black Jaggery and Alum under valid licence and also seizing the said jaggery and Alum and even though on production of bills and way bills evidencing that it was purchased under bills and transported under way bills and not allowing the petitioner to carry on business in Black Jaggery and Alum as illegal and arbitrary and without any authority of law and consequently direct the respondents not to interfere or in any manner seize the stocks. Counsel for the Petitioner: MR.PALLENAGESWAR RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE WRIT PETITION NO : 3164 of 2009 Between: Balaji and Company, Rep by its Proprietor, Ganji Ramulu, S/o. Narasaiah, R/o. D.No. 7-2-64, Vegetable Market, Siddipt, Medak District. ..... PETITIONER AND 1 The Prohibition & Excise Superintendent, Medak at Sangareddy 2 The Station House Officer, Prohibition & Excise Station, Siddipet, Medak District. 3 The Station House Officer, Law & Order, I Town Police Station, Siddipet, Medak District. 4 The Station House Officer, Law & Order, II Town Police Station, Siddipet, Medak District. 5 The Station House Officer, Law & Order, Rural Police Station, Siddipet, Medak District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in harassing by interfering with the business of the petitioner in Black Jaggery and Alum under valid licence and also seizing the sai jaggery and Alum and even though on production of bills and way bills evidencing that it was purchased under bills and transported under way bills and not allowing the petitioner and without any authority of law and consequently direct the respondents not to interfere or in any manner size the stocks. Counsel for the Petitioner: MR.PALLENAGESWAR RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE WRIT PETITION NO : 3265 of 2009 Between: Chakilam Srinivas Rep. by its Proprietor, Chakilam Srinivas, S/o. Bumaiah, R/o. 7-2-85, Vegetable Market, Siddipet, Medak District. ..... PETITIONER AND 1 The Prohibition & Excise Superintendent Medak at Sangareddy. 2 The Station House Officer Prohibition & Excise Station Siddipet, Medak District. 3 The Station House Officer Law & Order, I Town Police Station Siddipet, Medak District. 4 The Station House Officer Law & Order, II Town Police Station Siddipet, Medak District. 5 The Station House Officer Law & Order, Rural Police Station Siddipet, Medak District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in harassing by interfering with the business of the petitioner in Black Jaggery and Alum under valid licence and also seizing the said jaggery and Alum and even though on production of bills and way bills evidencing that it was purchased under bills and transported under way bills and not allowing the petitioner to carry on business in Black Jaggery and Alum as illegal and arbitrary and without any authority of law and consequently direct the respondents not to interfere or in any manner seize the stocks. Counsel for the Petitioner: MR.PALLENAGESWAR RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE WRIT PETITION NO : 3353 of 2009 Between: Prashanth Trading Company, Rep by its Proprietor, Chakilam Siddi Ramulu, S/o. Bumaiah, R/o. 11-2-144 and 145, Subash Nagar, Siddipet, Medak District. ..... PETITIONER AND 1 The Prohibition & Excise Superintendent, Medak at Sangareddy. 2 The Station House Officer, Prohibition & Excise Station, Siddipet, Medak District. 3 The Station House Officer, Law & Order, I Town Police Station, Siddipet, Medak District. 4 The Station House Officer, Law & Order, II Town Police Station, Siddipet, Medak District. 5 The Station House Officer, Law & Order, Rural Police Station, Siddipet, Medak District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in harassing by interfering with the business of the petitioner in Black Jaggery and Alum under valid licence and also seizing the said jaggery and Alum and even though on production of bills and way bills evidencing that it was purchased under bills and transported under way bills and not allowing the petitioner to carry on business in Black Jaggery and Alum as illegal and arbitrary and without any authority of law and consequently direct the respondents not to interfere or in any manner seize the stocks. Counsel for the Petitioner: MR.PALLENAGESWAR RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following COMMON ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition Nos.3144, 3164, 3265 and 3353 of 2009 Common Order: The petitioners in all these writ petitions are carrying business in Black Jaggery and Alum under their respective Certificates of Registration issued by the Assistant Commercial Tax Officer, Siddipet, Medak District. They state that the Commissioner of Prohibition & Excise, A.P., Hyderabad issued a Circular, dated 22.12.2201, in pursuance of the order passed by this Court in W.P.No.18378 of 2007, dated 13.08.2007, wherein the respondent-authorities were directed not to interfere with the purchase and sale of Black Jaggery and Alum under proper bills. Despite the same, the respondent-authorities are interfering with their business activities. Hence, they filed these writ petitions with the following prayer. “to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in harassing by interfering with the business of the petitioner in Black Jaggery and Alum under valid licence and also seizing the said jaggery and Alum and even though on production of bills and way bills evidencing that it was purchased under bills and transported under way bills and not allowing the petitioner to carry on business in Black Jaggery and Alum as illegal and arbitrary and without any authority of law and consequently direct the respondents not to interfere or in any manner seize the stocks.” When the matter is taken up for consideration, the learned Government Pleader for Prohibition and Excise appearing for the respondents, on instructions, submitted that the respondents have not registered any case against the petitioners and that they are neither interfering with the business activities of the petitioners nor harassing them. Recording the said statement of the learned Government Pleader, the writ petition is closed. However, the respondents are directed to strictly adhere to the Circular, dated 22.12.2001, issued by the Commissioner of Prohibition & Excise, A.P., Hyderabad, in pursuance of the orders of this Court in W.P.No.18378 of 2007, dated 13.08.2007. No costs. ___________________ N.V. RAMANA, J. Date: 25.02.2009 VGB