THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.17171 of 2009 Date:28.04.2011 Between: M/s Purushothamdas Ramgopal Kirana Merchant and General Stores, Adilabad ..... Petitioner AND The Sub Inspector of Prohibition and Excise Station, Adilabad and others .....Respondents Counsel for the Petitioner: None appeared Counsel for Respondent Nos. 1 to 6: Assistant Government Pleader for Prohibition and Excise Counsel for Respondent Nos.7 to 14: Assistant Government Pleader for Home The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in interfering with the petitioner’s business in sale of black jaggery and alum as illegal and arbitrary. The petitioner claims to be carrying on business in black jaggery and alum. It is alleged that the respondents have been continuously harassing the petitioner by frequently raiding their shops on the allegation that unlawful activity of selling black jaggery and alum for the purpose of manufacture of illicitly distilled (ID) liquor is being carried on. It is also alleged that even though the petitioner has been carrying on lawful business in sale of black jaggery and alum, which does not require either a licence or is controlled by any control order, the respondents have been unduly interfering with their business activity. At the hearing, the learned Assistant Government Pleader for Prohibition and Excise, on instructions, stated that the area in which the petitioner has been carrying on business is notorious for illicit distillation and finding that the petitioner has been indulging in sale of black jaggery and alum for illicit distillation, their shops were raided. She further stated that it is only on the basis of firm information and specific evidence that inspections are being carried out and actions are being taken. It is further stated that the respondents have not been harassing the petitioner and interfering with their lawful business. While it is true that sale of black jaggery and alum as such is not prohibited, wherever there is evidence of the traders indulging in sale of these articles for the purpose of illicit distillation, the respondents are certainly entitled to take action. However, in the guise of taking such action, the respondents cannot interfere with the lawful business of the petitioner. Subject to the above observations, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, interim order dated 19.08.2009 in W.P.M.P.No.22525 of 2009 is vacated and W.P.M.P.No.22525 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 28th April, 2011 GHN