HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2789 of 2011 Date : 09.02.2011 Between : E.D. Chandramouli. …..Petitioner And The Prohibition and Excise Superintendent, Mahabubnagar District. …..Respondent HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2789 of 2011 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondent in issuing the show cause notice in Rc.No.B3/130/2/2010, dated 18.09.2010, to cancel the licence granted to the petitioner under TFT scheme, without sending the 2nd sample for analysis by an independent agency, as illegal and arbitrary and also against the provisions contained in Rule 27(1) of the A.P. Excise (Grant of licence to Sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007. The petitioner is a licence holder for sale of toddy in Mahabubnagar District. On the ground that the inspection made by the officials on 21.06.2010 revealed that the petitioner is selling adulterated toddy, the license of the petitioner is terminated and further cancellation proceedings are initiated. The petitioner was served with a show cause notice, dated 18.09.2010, to explain as to why his licence be not cancelled on the aforesaid allegation. It is the case of the petitioner that he has made a representation, dated 24.06.2010, denying the said allegation and also requested to send the 2nd sample to an independent laboratory for analysis. In this writ petition, it is the grievance of the petitioner that without taking any steps on his request, respondents are taking steps to cancel his licence. The rules applicable for making inspection, provides for drawal of three samples. The very purpose and object of the rule appears to be that in case if the test conducted on one sample is disputed by the licencee, he may be given an opportunity to seek test of other samples also. In that view of the matter, as much as the licence of the petitioner is already under suspension, there is no reason for not accepting the request of the petitioner to send the 2nd sample for analysis by an independent agency. Therefore, I deem it appropriate to dispose of the writ petition with a direction to the respondents to send the 2nd sample to an independent agency as per the request of the petitioner, dated 24.06.2010, and take further steps pursuant to the show cause notice, dated 18.09.2010, only after receipt of report on the 2nd sample. Subject to the above directions, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 9th February 2011 ajr