HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.33052 of 2010 Date: December 29, 2010 Between: E. Srinivasulu Goud, S/o. Dariyappa Goud, R/o. Adoni, Kurnool District … Petitioner And The Commissioner of Prohibition And Excise, Government of Andhra Pradesh, and two others ... Respondents Order: This writ petition is filed questioning proceedings Rc.No.B2/638/2010, dated 28-10-2010, issued by the third respondent-Prohibition and Excise Superintendent, Kurnool, Kurnool District, canceling the Toddy Depot licence of Adoni Tappers Cooperative Society, of which the petitioner herein is the President, in exercise of powers under Section 31 of the A.P. Excise Act, 1968 (for short, ‘the Act’). It is submitted by the learned counsel for the petitioner that as much as the allegation of adulteration of toddy is leveled against Society for the first time; in view of proviso to Rule 39 of the A.P. Excise (Grant of Licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007 (for short, ‘the Rules), respondents ought to have taken steps for disqualifying and removing the members of the managing committee; but straightway no order could have been passed canceling the licence. It is further submitted that if the impugned proceedings are allowed to stand, the members of the Society would be put to great hardship. Under Section 63(1) of the Act, against the orders of the Prohibition and Excise Superintendent, an appeal lies to the Deputy Commissioner of Excise. In view of availability of alternative and efficacious remedy of appeal to the petitioner before the Deputy Commissioner of Excise against the impugned proceedings issued by the Prohibition and Excise Superintendent, there is no reason to entertain the writ petition at this stage, bypassing the said remedy. In that view of the matter, without going into the merits of the case, I deem it appropriate to dispose of the writ petition permitting the petitioner to file an appeal against the impugned proceedings before the appellate authority within a period of four weeks from the date of receipt of this order. If any such appeal is filed by the petitioner, I am sure the appellate authority will take the appeal on file, consider affording the petitioner the benefit of proviso to Rule 39 of the Rules and dispose of the appeal, by hearing the petitioner, within a period of six weeks from the date of filing of the appeal. The writ petition is accordingly disposed of. No order as to costs. ___________________ (R. SUBHASH REDDY, J) December 29, 2010 MRR