THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17159 of 2009 DATE:20.10.2009 Between: R. Ramaswamy Goud and others ... Petitioners and The State of Andhra Pradesh, rep.by its Commissioner of Prohibition and Excise, Hyderabad and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17159 of 2009 ORDER: This writ petition is filed by the petitioners seeking a Writ of Mandamus to declare the order dated 05.06.2009 passed by 3rd respondent in Cr.No.C/3/2009 cancelling their licences, as confirmed by 4th respondent by an order dated 24.07.2009, as illegal and arbitrary, and consequently, to direct the respondents to permit them to sell the toddy in their respective counters. 2. The case of the petitioners, in brief, is that they were granted licences for sale of toddy in their respective counters bearing Nos.10, 1, 2, 3, 7, and 9 in the locality of Bokkalakunta, Kalwakurthy, and Mahabubnagar District, by the Superintendent, Prohibition and Excise, Nagarkurnool, Mahabubnagar District. -3rd respondent. On 12.01.2009 the Assistant Commissioner of Prohibition and Excise (Enforcement) , Rangareddy team, inspected counter No.5 of Kalwakurthy Shop No.1 and having found that the toddy in the said counter was adultered with chloral hydride, he collected three samples from it. Subsequently, the 3rd respondent suspended their licences by proceedings dated 13.01.2009, though their counters on the even date were remain closed. Questioning the same, they filed W.P.No.11189 of 2009 before this Court and this Court dismissed the same by an order dated 09.06.2009 directing them to make objections before the 3rd respondent. Accordingly, they made a representation before the 3rd respondent on 20.06.2009. Later, the 3rd respondent passed an order cancelling their licences by putting an antedate i.e. 05.06.2009 in order to avoid to consider their representation. Challenging the said order, they filed an appeal before the Deputy Commissioner of Prohibition & Excise, Mahabubnagar District - 4th respondent. While allowing an appeal filed by one M.Sriramulu Goud, the 4th respondent dismissed their appeal by an order dated 24.07.2009. The same is questioned in this writ petition. 3. Heard the learned counsel for the petitioners and the learned Government Pleader for Prohibition and Excise. 4. Apparently, the petitioners are having an alternative remedy of filing a second appeal before the Commissioner of Prohibition and Excise, Mahabubnagar District. Hence, this Court is of the view that this writ petition can be disposed of with a direction to the petitioners to approach the Commissioner of Prohibition and Excise for redressal of their grievance. 5. Accordingly, this writ petition is disposed of directing the petitioners to approach the Commissioner of Prohibition and Excise, Mahabubnagar District, and file a second appeal within a period of one month from the date of receipt of a copy of this order. On such filing of second appeal, the Commissioner of Prohibition and Excise, Mahabubnagar District, may pass appropriate orders thereon, in accordance with law, at the earliest. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 20th October, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17159 of 2009 (Disposed of) 20th October, 2009 CBS