THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22980 of 2009 DATE:27.10.2009 Between: K. Kasha Goud ... Petitioner and The Prohibition & Excise Superintendent, Medak District, Medak. ... Respondent THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22980 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the respondent in not considering his application dated 03.04.2008 for a new T.F.T. Licence at Gandharipally vilage, Papannapet Mandal, Medak District, as illegal and arbitrary. 2. According to the petitioner, he was holding a T.F.T. Licence at Gandharipally village, Papanapet Mandal, Medak District. But, on the ground that he was selling adulterated toddy, the respondent cancelled his licence by proceedings in Cr.No.1363/2004/B4, dated 04.05.2001. Simultaneously, a case in crime No.182/2000-01 was also registered against him and later a charge sheet was filed and the same was numbered as C.C.No.115 of 2002 on the file of the Judicial Magistrate of First Class, Andole. The learned Magistrate acquitted him of the charge levelled against him by judgment dated 16.12.2003. As per the A.P. Excise (Grant of Licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007(for short "the Rules") issued vide G.O.Ms.No.1228, dated 19.09.2007, he is entitled for fresh T.F.T. Licence, and accordingly, he made an application to the respondent on 03.04.2008 seeking a fresh T.F.T. Licence. However, the respondent has not passed any order on his application so far. Being aggrieved by the same, he filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise. 4. The learned counsel for the petitioner has contended that though the disqualification period of five years for grant of new licence, as prescribed under Rule 5(2) of the Rules, has already been expired, the respondent did not consider the case of the petitioner for grant of new T.F.T. Licence. 5. It may not be necessary for this Court at this stage to go into the aspect as to whether the petitioner is entitled for a fresh licence or not, for the reason that his application dated 03.04.2008 is very much pending with the respondent. Therefore, this Court is of the view that this writ petition can be disposed of with a direction to the respondent to consider the application of the petitioner, at the earliest. 6. Accordingly, this writ petition is disposed of directing the respondent to consider the application of the petitioner dated 03.04.2008, and pass appropriate orders thereon within a period of eight (8) weeks from the date of receipt of a copy of this order as to whether he is entitled for grant of a fresh licence as per the Rules issued under G.O.Ms.No.1228, dated 19.09.2007. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 27th October, 2009 NOTE: Furnish CC by three days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22980 of 2009 (Disposed of) 27th October, 2009 NOTE: Furnish CC by three days. (b/o) CBS