IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 9722 of 2004 Between: The Toddy Tappers Co-opperative Society, Zaheerabad Village and Mandal of Medak District rep by President V. Krishnamohan Goud S/o Vittal Gour, Tapper, R/o Zaheerabad Village and Mandal, Medak District ..... PETITIONER AND 1 The Prohibition and Excise Superintendent, Medak District, Office at Sangareddy 2 K. Jagannath Goud S/o Yella Goud R/o H. No. 3-3-148, Aryanagar, Zaheeerabad village and Mandal, Medak District .....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 issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in issuing proceedings Cr. No. 1308/C0-opp./2003 dt 31- 12-2003 and 12-4-2004 directing the petitioenr society to admit or enroll the 2nd respondent as member into Toddy Tappers Co- operative Society, Zaheerabad, of Medak District ignoring the earlier resolutions of the Society dt 20-5-2001 and 31-8-2003 as illegal, unlawful arbitrary and without jurisdiction and contrary to section 19 and 76 of A.P. Co-operative Societies Act 1964 and consequently direct the 1st respondnet not to insist upon the petitioner society to admit the 2nd respondent as member in the society Counsel for the Petitioner:MR.M.DAMODAR REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following : ORDER: The petitioner-Toddy Tappers’ Co-operative Society (for short “Society”) questions the orders dated 31.12.2003 and 12.04.2004 passed by the 1st respondent wherein the petitioner- Society was directed to give membership to the second respondent. If the second respondent is a tapper and if the excise officials conduct any tapping test, he is entitled to seek membership in the society and it is for the society to admit him or not and on passing such order, it is open for the aggrieved party to file an appeal before the first respondent. But, I am of the opinion that the first respondent who has no powers delegated under Section 19 of the Co-operative Societies Act with regard to the admission of the membership, the said orders are without jurisdiction. However, the first respondent shall conduct a tapping test to the second respondent and issue a certificate as to whether the second respondent is a tapper or not so as to enable him to take appropriate steps before the society or before the appellate authority seeking membership in the society of the petitioner. Having regard to the facts of the case, the writ petition is disposed of setting aside the impugned orders directing the first respondent to conduct tapping test to the second respondent and if the second respondent is found to be a tapper, it is open for the second respondent to submit fresh application before the petitioner-society seeking membership in the said society. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:31.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}