IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.8605 of 2008 Between: 1 G.Chennakeshavulu Goud S/o.Rajanna Goud Mahabubnagar. R/o.Bandameedipally(V) Mahabubnagar (M) Mahabubnagar District. 2 G.Baganna Goud S/o.Pedda Balaiah, Mahabubnagar. R/o.Bandameedipally(V) Mahabubnagar (M) Mahabubnagar District. 3 G.Narendar Goud S/o.Kistappa Goud Mahabubnagar. R/o.Bandameedipally(V) Mahabubnagar (M) Mahabubnagar District. 4 G.Ramachandraiah Goud S/o.G.Banganna Goud, Mahabubnagar. R/o.Bandameedipally(V) Mahabubnagar (M) Mahabubnagar District. ..... PETITIONERS AND 1 The Collector, Excise, Mahabubnagar District, of Mahabubnagar. 2 The Prohibbition & Excise Superintendent, Mahabubnagar. .....RESPONDENTS Counsel for the Petitioners: MR.M.DAMODAR REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following : ORDER: This Writ Petition is filed for a Writ of Mandamus declaring the inaction of the respondents in considering the requests of the petitioners for grant of T.F.T licenses under Tree for Taper Scheme at Bandameedipally Village, Mahabubnagar Mandal and District in terms of Rule 39 of the A.P. (Grant of License to sell Toddy Conditions of License and Tapping of Excise Trees) Rules, 2007 (for short “the Rules”) as illegal and arbitrary. The petitioners sought for a consequential direction to the respondents to grant T.F.T. licenses to the petitioners. Heard Sri M.Damodhar Reddy, learned counsel for the petitioners, and the learned Assistant Government Pleader for Prohibition and Excise. In the affidavit, filed in support of the petition, the petitioners submitted that Bandameedipally Village comes under the Tapers Cooperative Society (T.C.S.) group of Mahabubnagar; that two adulteration cases were booked against the said T.C.S. group and; that respondent No.2 finally cancelled the license of the said T.C.S. group by order dated 10.12.2007. The petitioners averred that the State of Andhra Pradesh notified the Rules under G.O.Ms.No.1228, dated 19.09.2007, and under Rule 39 of the said Rules, if a licensee of a toddy shop of T.C.S. group is found involved in adulteration, the license shall be cancelled and individual licenses under T.F.T. Scheme may be granted. The petitioners claim that under the said Rule, they are entitled for grant of individual licenses and that despite their making applications and several subsequent representations to respondent No.2, licenses have not been granted. Learned Assistant Government Pleader for Prohibition and Excise, on instructions, stated that questioning the cancellation of T.C.S. license, the management of T.C.S. filed an appeal before the Deputy Commissioner, Prohibition and Excise, Mahabubnagar, and that the same was dismissed by order dated 02.02.2008, communicated to them on 15.02.2008. She also stated that a further appeal lies to the Commissioner, Excise against the said order and that the limitation for filing an appeal has not yet expired. Inasmuch as the respondents have not disputed the fact that the members of the T.C.S. other than the members of Executive Committee are entitled to apply for and being considered for grant of T.F.T. licenses, wherever licenses for T.C.S. are cancelled on the ground of adulteration, the petitioners are justified in feeling aggrieved by the inaction of the respondents in considering their applications for grant of T.F.T. license. At the respondents’ own showing, the appeal filed by the T.C.S. was dismissed. On these admitted facts, I feel it appropriate that the respondents consider the claims of the petitioners for grant of T.F.T. licenses for Bandameedipally Village, Mahabubnagar Mandal and District, within a period of six {6} weeks from the date of receipt of a copy of this order. The consideration of the petitioners’ applications is subject to the appeal, if any, filed by the T.C.S. and the orders to be passed therein in the said appeals. The Writ Petition is, accordingly, disposed of. ___________________________ (C.V.NAGARJUNA REDDY, J) 19th April, 2008 LUR