IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA W.P.Nos.5239, 5276 & 5283 of 2009 WRIT PETITION NO : 5239 of 2009 Between: Vinayaka Trading Company, rep. by its Prop. Jilla Sridhar S/o. Bhaskar R/o. H.No.5-3-235, Tower Circle, Jagitial, Karimnagar District. ..... PETITIONER AND 1 The Station House Officer, Prohibition & Excise Station, Jagitial, Karimnagar District. 2 The Station House Officer, Prohibition & Excise Dharmapuri, Karimnagar District. 3 The Station House Officer, Law & Order, Jagitial Police Station, Karimnagar District. 4 The Station House Officer, Law & Order, Jagitial Rural Police Station, Karimnagar District. 5 The Station House Officer, Law & Order, Raikal Police Station, Karimnagar District. 6 The Station House Officer, Law & Order, Korutla Police Station, Karimnagar District. 7 The Station House Officer, Law & Order, Dharmapuri Police Station, Karimnagar 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 will be pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in harassing by interfering with the business of the petitioner in Black Jaggery and Alum under valid licence and also seizing the said jaggery and Alum and even though on production of bills and way bills evidencing that it was purchased under bills and transported under way bills and not allowing the petitioner to carry on business in Black Jaggery and Alum as illegal and arbitrary and without any authority of law and consequently direct the respondents not to interfere or in any manner seize the stocks. Counsel for the Petitioner:MR.PALLENAGESWAR RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE WRIT PETITION NO : 5276 of 2009 Between: M/s. Manikantha Jaggery & General Merchant, Rep. by its Proprietor, S. Laxminarayana, S/o. Nagaiah, Aged 49 Years, Occ: Business, R/o. H.No. 12-134, Main Road, Alair, Nalgonda District. ..... PETITIONER AND 1 The Station House Officer, Prohibition & Excise Station, Alair, Nalgonda District. 2 The Station House Officer, Law & Order, Alair P.S., Nalgonda District. 3 The Station House Officer, Law & Order, Yadagirigutta P.S., Nalgonda 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 Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in harassing by interfering with the business of the petitioner in Black Jaggery and Alum under valid licence and also seizing the said jaggery and Alum and even though on production of bills and way bills evidencing that it was purchased under bills and transported under way bills and not allowing the petitioner to carry on business in Black Jaggery and Alum as illegal and arbitrary and without any authority of law and consequently direct the respondents not to interfere or in any manner seize the stocks. WRIT PETITION NO : 5283 of 2009 Between: M/s. V. Ram Prasad Jaggery & Kirana Merchants, Rep. by its Prop. V. Mallesham, S/o. Rajaiah, Aged 38 Years, R/o. H.No. 2-70/2, High School Road, Ram Nagar Village, Choppadandi Mandal, Karimnagar District. ..... PETITIONER AND 1 The Station House Officer, Prohibition & Excise Station, Urban, Karimnagar District. 2 The Station House Officer, Prohibition & Excise Station, Peddapally, Karimnagar District. 3 The Station House Officer, Law & Order, Choppadandi Police Station, Karimnagar District. 4 The Station House Officer, Law & Order, Julapalli Police Station, Karimnagar 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 will be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in harassing by interfering with the business of the petitioner in Black Jaggery and Alum under valid licence and also seizing the said jaggery and Alum and even though on production of bills and way bills evidencing that it was purchased under bills and transported under way bills and not allowing the petitioner to carry on business in Black Jaggery and Alum as illegal and arbitrary and without any authority of law and consequently direct the respondents not to interfere or in any manner seize the stocks. Counsel for the Petitioner:MR.PALLENAGESWAR RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following order: COMMON ORDER: The petitioners in all these writ petitions are carrying business in Black Jaggery and Alum under their respective certificates of registration issued by the Commercial Tax Officer, Jagitial Circle, Karimnagar District. They state that the Commissioner of Prohibition & Excise, A.P., Hyderabad issued a circular dated 22.12.2001, in pursuance of the order passed by this Court in W.P.No.18378 of 2007 dated 13.8.2007, wherein the respondent authorities were directed not to interfere with the purchase and sale of Black Jaggery and Alum under proper bills. Despite the same, the respondent-authorities are interfering with their business activities. Hence, they filed these writ petitions with the following prayer. “to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in harassing by interfering with the business of the petitioner in Black Jaggery and Alum under valid licence and also seizing the said jaggery and Alum and even though on production of bills and way bills evidencing that it was purchased under bills and transported under way bills and not allowing the petitioner to carry on business in Black Jaggery and Alum as illegal and arbitrary and without any authority of law and consequently direct the respondents not to interfere or in any manner seize the stocks.” Today, when the matters are taken up for consideration, the learned Government Pleader for Prohibition and Excise appearing for the respondents, on instructions, submitted that the respondents have not registered any case against the petitioners and that they are neither interfering with the business activities of the petitioners nor harassing them. Recording the said statement of the learned Government Pleader, the writ petitions are closed. However, the respondents are directed to strictly adhere to the circular dated 22.12.2001 issued by the Commissioner of Prohibition & Excise, A.P. Hyderabad, in pursuance of the orders of this Court in W.P.No.18378 of 2007 dated 13.8.2007. N.V.RAMANA,J Dated 17.3.2009 msv