IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.21026 OF 2010 Between: Toddy Tappers Co-operative Society .....PETITIONER AND The Government of Andhra Pradesh and others ....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.21026 OF 2010 ORDER: The grievance of the petitioner – society is with regard to the inaction of the Deputy Commissioner, Prohibition and Excise, Guntur, the appellate authority, in passing orders on the stay application filed by it in its appeal against the proceedings dated 26.07.2010 of the Superintendent, Prohibition and Excise, Guntur, cancelling its licence under Section 31 (1) (b) of the Andhra Pradesh Excise Act, 1968. Complaining of the said inaction, the petitioner seeks the intervention of this Court in exercise of its extra-ordinary jurisdiction under Article 226 of the Constitution for providing interim protection, pending the statutory appeal, by suspending the operation of the proceedings dated 26.07.2010. As pointed out by the Supreme Court in Assistant Collector of Central Excise, Chandan Nagar, West Bengal v. Dunlop India Ltd.[1], Article 226 of the Constitution is not meant to short-circuit or circumvent statutory remedies. Having availed the statutory remedy of appeal before the Deputy Commissioner, Prohibition and Excise, Guntur, it is not open to the petitioner- society to seek the intervention of this Court by way of this Writ Petition for the purpose of providing interim protection. The proper course is for the petitioner to pursue its stay application before the appellate authority. Having said so, it is to be noted that quasi judicial authorities are required to be prompt in exercising their functions so as to provide timely protection to the parties. Inaction on their part in this regard not only breeds distrust in the system but is also debilitative to the very functioning of the system itself. The Writ Petition is accordingly disposed of directing the Deputy Commissioner, Prohibition and Excise, Guntur, the appellate authority, to consider the stay application filed by the petitioner-society or the appeal itself, as the situation warrants, hear the parties concerned and pass reasoned orders within two weeks from the date of receipt of a copy of this order. In the circumstances of the case, there shall be no order as to costs. ___________________________ JUSTICE SANJAY KUMAR August 24, 2010 Note: Issue C.C. in three days. B/O.MD THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.21026 OF 2010 August 24, 2010 [1] AIR 1985 SC 330