The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.16991 of 2010 Date: 14-12-2011 Between: The Toddy Tapers Cooperative Society, Sangareddy, Medak District, Rep. byits President R.Narendra Chakravarthi Goud. ..... Petitioner AND The Prohibition & Excise, Superintendent, Sangareddy, Medak District .....Respondent Counsel for the Petitioner: Mr.M.Damodar Reddy Counsel for Respondents: AGP for Prohibition & Excise The Court made the following : Order: This Writ Petition is filed for a Mandamus to set aside proceedings in Cr.No.B2/299/2009, dated 03-07-2010, of the respondent. The petitioner is the toddy tapers cooperative Society. The Special Task Force party inspected the toddy depot of the petitioner on 27-08-2009 and has drawn three toddy samples under a cover of panchanama. The analysis report of the Chemical Examiner for Excise, Hyderabad, opined that the toddy sample was fermented toddy adulterated with alprazolam. When orders of cancellation in respect of the depot and shops were passed, before receiving the report on the second sample, the petitioner filed W.P.Nos.28920 of 2009 and 5792 of 2010 relating to depot and shops respectively. Both these Writ Petitions were allowed by separate orders, dated 02- 02-2010 and 22-03-2010, respectively with the direction to the respondent herein to consider the chemical analysis report on the second sample after calling for objections from the petitioner before passing a fresh order. Accordingly, the respondent has issued the impugned showcause notice wherein it is stated that the second sample report received from the Chief Public Analyst, State Food Laboratory, Nacharam, Hyderabad, showed Nil adulteration. It has come out that the petitioner has submitted its explanation on 07-07-2010. However, anticipating cancellation of the license, the present Writ Petition is filed. In his counter-affidavit, the respondent inter alia stated that after considering the explanation filed by the petitioner, he has cancelled the license of toddy depot by proceedings in Cr.No.B2/299/2009, dated 15-07-2010, and that, in view of the interim order passed by this Court on 16-07-2010, the cancellation orders were not served on the petitioner-society and the petitioner is allowed to run its depot. No reply-affidavit is filed by the petitioner controverting the abovementioned facts in the counter- affidavit. Inasmuch as the petitioner has submitted its explanation considering which an order of cancellation was stated to have been made, no relief can be granted to the petitioner in this Writ Petition. The respondent is directed to serve the order of cancellation on the petitioner upon which the latter shall be free to avail appropriate remedy in accordance with law, if it feels aggrieved thereby. Subject to the above direction, the Writ Petition is disposed of. As a sequel, interim order, dated 16-07-2010, is vacated and WVMP.No.165 of 2010 in/& WPMP.No.21426 of 2010 are disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 14th December, 2011 LUR