IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.8673 of 2009 Between: 1 M/s. Laxmi Jaggery and General Merchant, D.No.15-1-69, Sastry Road, Paloncha, Khammam District, rep. by Trivedi Savitha, W/o. Trivedi Laxminarayana, Aged about 34 Years, R/o. Paloncha, Khammam District. 2 M/s. Sri Sai Baba Ramdev Jaggery and General Merchant, D.No. 6-6-24, Netaji Market Locality, Kothagudem, Khammam District, rep. by Mangilal Jaju, S/o. Late Madanlal, Aged 60 Years, Occ: Business, R/o. Kothagudem, Khammam District. ..... PETITIONERS AND 1 The Prohibition & Excise Sub Inspector, Prohibition & Excise Station, Kothagudem, Khammam District. 2 The Prohibition & Excise Inspector, Prohibition & Excise Station, Kothagudem, Khammam District. 3 The Assistant Superintendent of Prohibition & Excise, Kothagudem, Khammam District. 4 The Station House Officer, I-Town Police Station, Kothagudem, Khammam District. 5 The Station House Officer, II-Town Police Station, Kothagudem, Khammam District. 6 The Station House Officer, III-Town Police Station, Kothagudem, Khammam District. 7 The Circle Inspector of Police, Kothagudem Circle, Khammam District. 8 The District Collector, Khammam District. 9 The Station House Officer, Paloncha Rural Police Station, Paloncha, Khammam District. 10 The Station House Officer, Paloncha Town Police Station, Paloncha, Khammam District. 11 Circle Inspector of Police, Paloncha Rural Police Station, Khammam District. 12 The Prohibition & Excise Sub Inspector, Prohibition & Excise Station, Paloncha, Khammam 13 The Superintendent of Prohibition & Excise, Khammam, Khammam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not allowing the petitioner to carry on business of jaggery and alum and also the action of the respondents in placing restrictions upon the sale, purchase and transportation of black Jaggery, Alum and Kirana by the petitioners as illegal, arbitrary and violative of Article 19(1)(g) of the Constitution of India and consequently direct the respondents not to interfere with the business of the petitioners in black Jaggery, Alum and Kirana. Counsel for the Petitioners: MR.A.PRABHAKAR RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE GP FOR HOME GP FOR REVENUE The Court made the following: THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.8673 of 2009 ORDER: The petitioners are carrying business in Black Jaggery and Alum in the name and style of M/s. Laxmi Jaggery & General Merchant and M/s. Sri Baba Ramdev Jaggery and General Merchant respectively. They are doing the said business basing on the certificates of registration issued by the Commercial Tax Officer, Kothagudem Circle. They filed this writ petition questioning the action of the respondents in not allowing them to carry on their business in Jaggery and alum and also placing restrictions upon their business in regard to sale and purchase of jaggery, alum and kirana. Today, when the matter is taken up, it is submitted by the learned counsel for the petitioners and the learned Government Pleader for Prohibition and Excise that the issue involved in this writ petition is squarely covered by the judgment of this Court in W.P.No.19706 of 2000 dated 12.11.2001. It is also submitted by the learned Government Pleader for Prohibition and Excise that pursuant to the said judgment, the Commissioner of Prohibition and Excise has issued a circular No.4294/DPF/2001/CS dated 22.12.2001 directing the excise officials to follow certain instructions and they are strictly adhering to the said circular instructions. In the circumstances, following the judgment of this Court in W.P.No.19706 of 2000 dated 12.11.2001, the writ petition is disposed of in terms of the said judgment and the respondents are directed to strictly adhere to the instructions given in circular dated 22.12.2001 issued by the Commissioner of Prohibition & Excise, A.P. Hyderabad. _________________ JUSTICE N.V. RAMANA 27th April, 2009 IBL