IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8757 of 2009 Between: M/s. Sri Dhanalaxmi Jaggery & General Merchants Rep. by its Prop. Bonagari Balakrishna, S/o. Subba Rao, aged 30 yrs, /o. H.No. 3-9, Pandurangapuram, Khammam Urban Mandal, Khammam District and Gown at D.No. 5-28 Pandurangapuram, Khammam Urban Mandal, Khammam Dist. ..... PETITIONER AND 1 The Deputy Superintendent of Police, Khammam , Khammam District. 2 The Addl. Superintendent of Police, Proh and Excise, Khammam , Khammam District. 3 The Station House Officer, Law & Order Khammam (Urban ) P.S. Khammam District. 4 The Proh. and Excise Inspector, Khammam Khammam 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 to issue Writ Order or Direction more particularly one in the nature of Writ of mandamus, declaring the action of the resondents 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 buisness in Black Jaggery and Alum as illegal and arbitrary and without any authority of law and conseqently direct the respondents not to interfere or in any manner seize the stocks, and to pass Counsel for the Petitioner:MR.PALLENAGESWAR RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE WRIT PETITION NO : 8758 of 2009 Between: 1 M/s. Eshwar Enterprises, Thottur Village and Mandal, Warangal District, Rep by P. Eshwar, s/o. Somaiah, aged 32 years. Occ : Business, R/o. Thorrur Village and Mandal, Warangal District. 2 Sri Venkateshwar Trading Company, Thottur Village and Mandal, Warangal District, Rep by Rama Upendar, S/o. Gopaiah, aged 45 years. Occ : Business, R/o. Thorrur Village and Mandal, Warangal District. ..... PETITIONER(S) AND 1 The Station House Officer, Thorrur Police Station, Warangal District. 2 The Circle Inspector of Police, Thorrur Police Station, Warangal District. 3 The Station House Officer, Narsimhulupeta Police Station, Warangal District. 4 The Station House Officer, Nellikuduru Police Station, Warangal District. 5 The Station House Officer, Rayaparthi Police Station, Warangal District. 6 The Station House Officer, Wardhannapeta Police Station, Warangal District. 7 The Station House Officer, Palakurthi Police Station, Warangal District. 8 The Station House Officer, Kodakandla Police Station, Warangal District. 9 The Circle Inspector of Police, Palakurthi Police Station, Warangal District. 10 The Station House Officer, Thirumalagiri Police Station, Nalgonda District. 11 The Circle Inspector of Police, Thirumalagiri Police Station, Nalgonda District. 12 The Station House Officer, Thungathurthi Police Station, Nalgonda District. 13 The Station House Officer, Nuthankal Police Station, Nalgonda District. 14 The Station House Officer, Parvathagiri Police Station, Warangal District. 15 The Prohibition & Excise Sub Inspector, Prohibition & Excise Station, Thorrur, Warangal District. 16 The Prohibition & Excise Inspector, Prohibition & Excise Station, Thorrur, Warangal District. 17 The Prohibition & Excise Sub Inspector, Prohibition & Excise Station, Thungathurthi, Nalgonda District. 18 The Prohibition & Excise Inspector, Prohibition & Excise Station, Thungathurthi, Nalgonda District. 19 The Prohibition & Excise Sub Inspector, Prohibition & Excise Station, Wardhannapet, Warangal 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 appropriate writ, or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not allowing the petitioners to carry on business of black jaggery and alum and also the action of the respondents in placing restrictions upon the sale, purchase and transportation of black Jaggery, Alum, and Kirana by the petitioners as illegal, arbitrary and violative of Article 19 (1) (g) of the constitution of India and consequently direct the respondents not to interfere with the business of the petitioners in black Jaggery, Alum, and Kirana. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR HOME WRIT PETITION NO : 8776 of 2009 Between: M/s. Sri Sai Sri Rice & Jaggery, Rep. by its Prop. Repaka Tata Prasad S/o. Joga Rao Shop.No.12, Municipality Complex, Bus Stand Road, Khammam, Khammam District. ..... PETITIONER AND 1 The Deputy Superintendent of Police, Khammam , Khammam District. 2 The Addl. Superintendent of Police, Proh and Excise, Khammam , Khammam District. 3 The Station House Officer, Law & Order Khammam I Town P.S. Khammam District. 4 The Station House Officer, Law & Order Khammam II Town P.S. Khammam District. 5 The Station House Officer, Law & Order Khammam III Town P.S. Khammam District. 6 The Proh. and Excise Inspector, Khammam, Khammam 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 to issue Writ Order or Direction more particularly one in the nature of Writ of mandamus, declaring the action of the resondents 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 buisness 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 HOME WRIT PETITION NO : 8916 of 2009 Between: 1 M/s, Bolisetty Madan Mohan Rao # 2-2-160, Gandhi Chowk, Khammam Town, Khammam District, Rep. by Bolishetty Madan Mohan Rao S/o. Late Koteshwar Rao, 50 yrs Business R/o. Khammam Town, Khammam District. 2 M/s,. Shankar Jaggerty, Alam and General Merchants # 2-5-42, Nehru Chowk, Aam Bazar, Yellandu, Khammam District, Rep. by Gagulothu Shankar S/o. Bheemla, 35 yrs, Business R./o. Yellandu Village and Mandal, Khammam DIstrict. 3 M/s,. Dhana Laxmi Traders # 2-5-76, Near Shivalayam, Khammam District Rep. by Ganarapu Sheshagiri Rao S/o. Venkaiah 38yrs, Business R/o. Yellandu Village and Mandal, Khammam District. 4 M/s, Vinayaka jaggery, Alam & General # 9-17, Main Road, Kotha Thanda (V)SIngareni Mandal, Khammam District Rep. Ganarapu Seshagiri Rao S/o. Venkaiah 38 yrs, Business R/o. Yellandu Village and Mandal, Khammam District. ..... PETITIONER(S) AND 1 The Station House Officer Yellandu Police Station Khammam District. 2 The Station House Officer Tekulapalli Police Station Khammam District. 3 The Station House Officer Gundala Police Station Khammam District. 4 The Station House Officer I-Town Police Station Khammam District. 5 The Station House Officer II-Town Police Station Khammam District. 6 The Station House Officer III-Town Police Station Khammam District. 7 The Station House Officer Khammam Rural Police Station Khammam District. 8 The Station House Officer Khammam Urban Police Station Khammam District. 9 The Prohibition & Excise Inspector Prohibition & Excise Station, Khammam Khammam District. 10 The Prohibition & Excise Inspector Prohibition & Excise Station, Yellandu, Khammam District. 11 The Station House Officer Karepalli Police Station Khammam District. 12 The Prohibition & Excise Inspector Prohibition & Excise Station, Karepalli Khammam District. 13 The Station House Officer Kamepalli Police Station Khammam District. 14 The Station House Officer Mudigonda Police Station Khammam District. 15 The Station House Officer Wira Police Station Khammam District. 16 The Station House Officer Tallakunta Police Station Khammam District. 17 The Station House Officer Tirumalayapalem Police Station Khammam District. 18 The Superintendent of Police Khammam District. 19 The Prohibition & Excise Superintendent, Khammam 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 to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not allowing the petitioner to carry on business of black jaggery, alum and also the action of the respondents in placing restrictions upon the sale, purchase and transportation of black Jaggery, Alum and Kirana by the petitioners as illegal, arbitrary and violative of Article 19(1)(g) of the Constitution of India and consequently direct the respondents not to interfere with the business of the petitioner in black Jaggery, Alum and Kirana and pass Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR HOME WRIT PETITION NO : 8921 of 2009 Between: 1 M/s. Garrepalli Vankanna Kiranam and Jaggery, # Main Road, Maripeda Village and Mandal, Warangal District. rep. by Garepalli Venkanna, S/o. Chandraiah, aged 42 Yrs, Occ. Business, R/o.Maripeda Village and Mandal, Warangal District. 2 M/s. Sri Shirdi Sai Kiranam and Jaggery, # 5-136, Main Road, Maripeda Village and Mandal, Warangal District. rep. by Vulli Ramu, S/o. Murali aged 32 Yrs, Occ. Business, R/o.Maripeda Village and Mandal, Warangal District. ..... PETITIONER(S) AND 1 The Station House Officer, Maripeda Police Station, Warangal District. 2 The Station House Officer, Narsimhulupeta Police Station, Warangal District. 3 The Station House Officer, Serole Police Station, Warangal District. 4 The Station House Officer, Kuravi Police Station, Warangal District. 5 The Station House Officer, Thirumalayapalem Police Station, Khammam District. 6 The Station House Officer, I-Town Police Station, Khammam District. 7 The Station House Officer, Nutankal Police Station, Nalgonda District. 8 The Prohibition & Excise Inspector, Prohibition & Excise Station, Thorrur, Warangal District. 9 The Station House Officer, Mahabubabad Police Station, Warangal District. 10 The Superintendent of Police, Warangal District. 11 The Superintendent of Prohibition & Excise, Warangal 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 to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not allowing the petitioner to carry on business of black jaggery, alum and also the action of the respondents in placing restrictions upon the sale, purchase and transportation of black Jaggery, Alum and Kirana by the petitioners as illegal, arbitrary and violative of Article 19(1)(g) of the Constitution of India and consequently direct the respondents not to interfere with the business of the petitioner in black Jaggery, Alum and Kirana Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE WRIT PETITION NO : 8924 of 2009 Between: 1 M/s. Adilakshmi Kirana and General Merchants 2-196, Opp. to Bus Stand, Nekkonda Village and Mandal, Warangal District, Rep. by Talluri Narsimha Swamy S/o. Ramaiah, 37 yrs Business, R/o. Nekkonda Village and Mandal, Warangal District. 2 M/s. Rajesh Kirana and General 2-201, Opp. to Bus Stand, Nekkonda Village and Mandal, Warangal District, Rep. by Dodda Nageshwar Rao S/o. Lingaiah, 38 yrs, Business, R/o. Nekkonda Village and Mandal, Warangal District. ..... PETITIONER(S) AND 1 The Station House Officer, Nekkonda Police Station, Warangal District. 2 The Station House Officer, Chennaraopet Police Station, Warangal District. 3 The Station House Officer, Gudur Police Station, Warangal District. 4 The Station House Officer, Parvathagiri Police Station, Warangal District. 5 The Prohibition & Excise Inspector, Prohibition & Excise Station, Narsampet, Warangal District. 6 The Prohibition & Excise, Sub Inspector Prohibition & Excise Station, Gudur Warangal District. 7 The Superintendent of Police Warangal District. 8 The Superintendent of Prohibition & Excise, Warangal District. 9 . 10 . .....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 to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not allowing the petitioner to carry on business of black jaggery, alum and also the action of the respondents in placing restrictions upon the sale, purchase and transportation of black Jaggery, Alum and Kirana by the petitioners as illegal, arbitrary and violative of Article 19(1)(g) of the Constitution of India and consequently direct the respondents not to interfere with the business of the petitioner in black Jaggery, Alum and Kirana and pass Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE WRIT PETITION NO : 8953 of 2009 Between: M/s.Sri Amma Bhagwan Jaggery Merchants, Mall Market Yacharam Mandal, Ranga Reddy District rep.by P.Shekar, S./o.Mallaiah, aged 41 years Occ:Business, R/o.mall village, yacharam Mandal Ranga Reddy District ..... PETITIONER AND 1 The STation House officer, Yacharam Police station Ranga Reddy District 2 The STation House officer, Ibrahimpatnam Police station Ranga Reddy District 3 The STation House officer, Manchal Police station Ranga Reddy District 4 The Circle Inspector of Police,YacharamPolice station Ranga Reddy District 5 The Prohibition & Excise sub Inspector, Prohibition & Excise Station, Ibrahimpatnam , Ranga Reddy District 6 The Prohibition & Excise sub Inspector, Prohibition & Excise Station, Saroornagar, Near L.B.Nagar, Ranga Reddy District 7 The Superintendent of Prohibition and Excise Ranga REddy District 8 The Superintendent of Police, Ranga Reddy District 9 The STation House officer,Chinthapalli police station Nalgonda District 10 The STation House officer,Marriguda Police staton 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 to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not allowing the petitioner to carry on business of black jaggery and alum and also the action of the respondents in placing restrictions upon the business of the petitioner which inclusive of sale and purchase of Black Jaggery. Alum and Kirana as illegal, arbitrary, and violative of Article 19(1)(g) of the Constitution of India and consequently direct the respondents not to interfere with the business of the petitioner in Black Jaggery, Alum and Kirana and pass Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR HOME WRIT PETITION NO : 8955 of 2009 Between: 1 M/s. Vasa Rama Narsaiah & Sons, #1-4-132/1/1, Edga Road, Suryapet Town, Nalgonda District, represented by Vasa Srisailam S/o. Late Ramanarsaiah R/o.Suryapet Town, Nalgonda District. 2 M/s. Potuganti Venkateshwarlu Kirana & Jaggery Merchant #1-2- 102/2, Edga Road, Suryapet Town, Nalgonda District, represented by Potuganti Venkateshwarlu S/o. late Jagamaiah R/o.Suryapet Town, Nalgonda District. 3 M/s. Sri Siri Super Market, Kiranam & General Merchants, #1-4- 132/1, Edga Road, Suryapet Town, Nalgonda District, represented by Proprietor Gunda Venkateshwarlu, S/o. Brahmaiah R/o.Suryapet Town, Nalgonda District. 4 M/s. Sri Shiva Jyothi Kirana and Jaggery Merchant, #1-4-289/1, Market Road, Suryapet Town, Nalgonda District, represented by Brahmanapelly Santhosh S/o.late Prabhakar, R/o.Suryapet Town, Nalgonda District. ..... PETITIONER(S) AND 1 The Station House Officer, Suryapet Town Police Station, Nalgonda District. 2 The Station House Officer, Suryapet (Rural) Police Station, Nalgonda District. 3 The Station House Officer, Chivvemla Police Station, Nalgonda District. 4 The Station House Officer, Atmakur (S) Police Station, Nalgonda District. 5 The Station House Officer, Mothe Police Station, Nalgonda District. 6 The Prohibition & Excise Inspector, Prohibition & Excise Station, Suryapet, Nalgonda District. 7 The Superintendent of Police, Nalgonda District. 8 The Prohibition & Excise Superintendent, 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 to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not allowing the petitioners to carry on business of black jaggery and alum and also the action of the respondents in placing restrictions upon the sale, purchase and transportation of black jaggery, Alum, and Kirana by the petitioners as illegal, arbitrary and violative of Article 19 (1) (g) of the Constitution of India and consequently direct the respondents not to interfere with the business of the petitioners in black Jaggery, Alum, and Kirana and pass. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : COMMON ORDER:- As the point involved in these eight writ petitions is one and the same, these matters are taken up together for disposal by this common order. The case of the petitioners is that they are carrying on business in Black Jaggery, Alum and Kirana under the Certificates of Registration issued by the Commercial Tax Officers of the Divisions concerned. 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.19706 of 2000, dated 12.11.2001, wherein the respondents-authorities were directed not to interfere with the purchase and sale of Black Jaggery, Alum and Kirana under proper bills. In spite of the same, the respondents-authorities are interfering with the petitioners’ business activities. Hence, the present writ petitions are filed seeking directions to the respondents not to interfere with the business of the petitioners in Black Jaggery, Alum and Kirana. When the matters are taken up for consideration, the learned Government Pleader for Home 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 for Home, these 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.19706 of 2000, dated 12.11.2001. No costs. ______________ N.V.RAMANA, J 28th April, 2009 bcj