IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 24114 of 2004 Between: Katkuri Shivanandam S/o.Pullaiah Parkal, Warangal Dist. ..... PETITIONER AND 1 The Prohibition&Excise Inspector, Prohibition&Excise Station, Parkal, Warangal Dist. 2 The Deputy Commissioner of Prohibition&Excise Warangal Dist. .....RESPONDENT(S) 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 To issue a writ, order or direction more particularly one in the nature of writ of Mandamus decalring the action of the 1st respondent in seizing 8,000 kgs, of Black jaggery from the petitioner on 30-9-2002 and also the order dt 13-2-2003 made in CR.No.2020/P&Ex/2002/B2 passed by the 2nd respondent as illegal, arbitrary and in voilation of principles of natural justice and to pass such other order or orders. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : Form-NIC-OGS/WP{MVK} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.24114 OF 2004 ORDER: The petitioner questions the confiscation order passed by the second respondent dated 13-2-2003 made in CRNo.2020/P&Ex/2002/B2, Confiscating the seized goods i.e., 8,000 Kgs of black jaggery. Admittedly against the said confiscation order, appeal lies to the Commissioner of Prohibition and Excise, Hyderabad under Section 46(c) of the A.P.Excise Act. Without availing the remedy and without perusing the relevant record such as crime report, panchanama and the evidence said to have been adduced before the Deputy Commissioner of Prohibition and Excise, Warangal, it is not just and proper to come to a conclusion without appreciation of the said facts. Having regard to the facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to file an appeal before the Commissioner of Prohibition and Exicse, Hyderabad against the impugned order dated 13-2-2003 within two weeks from the date of receipt of copy of this order and on filing such an appeal, the Commissioner of Prohibition and Excise, Hyderabad may consider and dispose of the same on merits, in accordance with law. No order as to costs. ________________ V.ESWARAIAH,J Date: 14-07-2008. Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Prohibition&Excise Inspector, Prohibition&Excise Station, Parkal, Warangal Dist. 2 The Deputy Commissioner of Prohibition&Excise Warangal Dist. 3.2CCs to 4.2CD copies