IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE​ and HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL No.133 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 07/08/2007 in W.P.No.8663 OF 2006 on the file of the High Court) Between: Toddy Tappers Cooperative Society Ltd., Rajarampalli Village of Velgatur Mandal, of Peddapally Station (Regd. No. 122/2005/P&ex./B7) Rep. by Chief Promoter Merugu Rajaiah @ Raja Goud S/o Late Pochamallu, Opp: Kalal/Tapper, R/o Rajarampally Village of Velgatur Mandal, Karimnagar District . ... APPELLANT AND 1 Toddy Tappers Co-operative Society, Endapalli Village of Velgatur mandal, Karimnagar District (Reg. No. 482/Tq), Rep by Vice President Tanugula Jagadeeshwar S/o Ramulu Agriculture & Business, R/o Endapalli Village, of Velgatur Mandal, Karimnagar District 2 The State of Andhra Pradesh, Rep. by the Commissioner, Prohibition and Excise, Nampally, Hyderabad. 3 The Proh. & Excise Superintendent, Peddapally Proh. Excise Division, Karimnagar District ...RESPONDENTS Counsel for the Appellant: Mr. C. RAMESH SAGAR Counsel for Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: Judgment: (Per RSR, J) This writ appeal, under Clause 15 of the Letters Patent, is filed by the third respondent in the writ petition aggrieved by the order of the learned single Judge dated 07-08-2007. 2. The appellant is a Toddy Tappers Cooperative Society of Endapalli village in Velgatur Mandal, Karimnagar District. The said society was granted licence for sale of toddy as per the statutory Rules framed under the Andhra Pradesh Excise Act, 1968. The village by name Rajarampalli is a hamlet of Endapalli village. Some of the toddy tappers of Rajarampalli village have filed an application to form a separate society at Rajarampalli village and on such application, after conducting necessary enquiry, a society by name Rajarampalli Toddy Tappers Society was registered with Registration No.122/05/P&E/B7 on 25-02-2005. When the said society was claiming for grant of a separate licence for sale of toddy, the appellant-society had objected to it. Though the Rajarampalli Toddy Tappers Society was registered and its registration has become final, but when it claimed grant of licence for sale of toddy, the Prohibition and Excise Superintendent, Peddapally, by order dated 18-04-2006, passed in proceedings Rc.No.217/2006/P&Ex/A3, rejected the claim mainly on the ground that Rajarampalli is not a separate revenue village. Another objection was also stated to the effect that Rajarampalli is at a distance of less than 2 Kms., from the existing toddy shop of Endapalli, and, as such, no separate licence can be granted as per the policy notified by the Government. Questioning the said rejection order, the first respondent herein filed the writ petition, which is allowed by the learned single Judge by the impugned order. 3. In this writ appeal, it is contended by learned counsel for the appellant, Sri Ramesh Sagar, that Rajarampalli is not an independent revenue village; as such no licence can be granted. Further, it is also submitted that in view of the distance from Endapalli village, as per the policy notified by the Government, there is a prohibition for grant of licence. 4. We have perused the proceedings dated 18-04-2008 issued in Rc.No.217/2006/P&Ex/A3 and the findings recorded by the learned single Judge. 5. At the outset, it is to be noted that though a separate Toddy Tappers Society was registered for Rajarampalli village with Registration No.122/05 on 25-02-2005, the appellant-society has not questioned the same and the registration of the said society has become final. 6. The first objection for grant of licence for sale of toddy as per the Rules framed under the Andhra Pradesh Excise Act, 1968 appears to be mainly on the ground that Rajarampalli is not a revenue village. We have also perused the relevant policy issued by the Government for grant of licences. Even as per the policy, a village need not be an independent revenue village for the purpose of grant of licence for sale of toddy. As per the notified policy of the Government, a Toddy Tappers Cooperative Society can be formed in any village. In that view of the matter, we are of the view, in the absence of any such restriction in the policy and the statutory Rules framed under the Andhra Pradesh Excise Act, 1968, the first objection raised by learned counsel for the appellant cannot be accepted. Even with regard to second objection, regarding distance limits from the existing shop, it is to be noted that as per the policy, licence to locate the shop is permissible at a distance of 2 Kms., from the location of an existing shop. In the impugned order in the writ petition, without computing the distance from shop to shop, licence was rejected on the ground that Rajarampalli is at a distance of 2 Kms. Even, the learned single Judge, while disposing of the writ petition, permitted the writ petitioner/first respondent society to locate their shop beyond 2 Kms. distance, from the existing shop of the appellant-society. 7. For the aforesaid reasons, we do not find any merit in this appeal so as to interfere with the order passed by the learned single Judge. 8. The writ appeal is accordingly dismissed. No order as to costs. _________________ ANIL R. DAVE, CJ. _____________________ R. SUBHASH REDDY, J. June 17, 2008 GRR/MRR