THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO :21752 of 2009 DATED: 14-10-2009 Between: Toddy Tappers Cooperative Society Group, Musunur, Kavali mandal, Nellore Rep. by its President Sri Balagani Mohanarao. ..... PETITIONER And The Prohibition & Excise Superintendent-cum-Functional Registrar, Toddy Tappers Cooperative Societies, Nellore & 5 others. .....RESPONDENTS ORDER: Petitioner approached this Court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring Rc.No.9/2009/A3, dated 10-08-2009 and 29-08-2009 of the 1st respondent, as illegal, arbitrary, without jurisdiction, unilateral, violative of principles of natural justice and is liable to be set aside the same and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case”. 2. Heard learned counsel appearing for the petitioner and the learned Government Pleader for Prohibition & Excise appearing for the 1st respondent. 3. The brief facts are that the 1st respondent granted licence to the petitioner Society on 08-11-2007 and the same is valid up to 30-09-2012. Though the power to admit or reject any person as a member of the Toddy Tappers Cooperative Society vests with the President of the said Society, the 1st respondent-Prohibition & Excise Superintendent, Nellore, without any jurisdiction whatsoever, issued orders on 10-08-2009 directing the petitioner Society to admit the respondents 2 to 6 as members. Questioning the said order, the petitioner approached this Court and filed the present Writ Petition. 4. As stated supra, the main contention of the learned counsel appearing for the petitioner is that the said order is without jurisdiction and the 1st respondent-Prohibition & Excise Superintendent does not have the power to admit or reject any person as a member of the Cooperative Society and such power vests only with the President of the Society. 5. Learned Government Pleader, on instructions, tried to convince this Court stating that it is a mere proposal recommending the names of the respondents 2 to 6 to be admitted as members and that the 1st respondent never passed any orders directing the petitioner Society to admit them as members of the Society. 6. In the light of the said controversy, this Court looked into the order impugned in this Writ Petition. In the said order, the 1st respondent observed as follows: “ Hence, the eligible applicants P.Subba Rao, S/o P.Venkaiah and D.Ramakrishna, S/o Venkateswarlu are hereby admitted to Toddy Cooperative Societies Act. The President of Toddy Tappers Cooperative Society Musunur is directed to issue identity card treating the above persons as members and submit in proper format in this office through the Prohibition & Excise Inspector Kavali. If the above orders are disobeyed, action will be taken under Section 34 of the A.P.Cooperative Societies Act against you”. 7. From the above, it is clear that it is not a mere recommendation but a clear direction and as rightly contended by the learned counsel appearing for the petitioner the same is without jurisdiction. Hence, this Court has no hesitation to come to the conclusion that the said order is without jurisdiction and accordingly the same is set aside. 8. Accordingly, Writ Petition is allowed. There shall be no order as to costs. _______________________ T.GOPALAKRISHNA,J 14th October, 2009. Note: Furnish C.C. of the order within three days. B/o Tsy