THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.30704 of 2010 ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Prohibition and Excise appearing for the respondents. In this writ petition, petitioners have questioned the order, dated 08.11.2010 passed in proceedings bearing R.C.No.A3/17/2010, by the first respondent - Prohibition and Excise Superintendent, Kamareddy, Nizamabad, cancelling the licenses granted to them to sell toddy. A perusal of the impugned order indicates that the petitioners were given licenses under TFT Scheme to sell toddy in Kodicherla Village, Madnoor Mandal, Nizamabad District. Based on the inspection made by the Prohibition and Excise Inspector, alleging that toddy samples drawn for the purpose of testing proof proved that the toddy was adulterated, the licenses of the petitioners were cancelled. It is the case of the petitioners that they are holding independent licenses and by taking sample in one of their shops, licenses of all of them ought not to have been cancelled. It is submitted that very allegation is false and incorrect and they are disputing the correctness of the report sent by the laboratory. The impugned order was passed by the Prohibition and Excise Superintendent. Under the scheme of the Andhra Pradesh Excise Act, 1968, there is a remedy of appeal against the order of the Prohibition and Excise Superintendent to the Deputy Commissioner of Excise. In that view of the matter, there is no special reason for bypassing the remedy of appeal. However, on perusal of the impugned order also, it appears that show cause notice was given stating that why license bearing No.A/10/2007, dated 23.10.2007 issued in respect of TFT Kodicherla toddy shop at counter No.8, should not be cancelled, but, ultimately, the licenses granted to all the petitioners were cancelled, which appears prima facie illegal. In view of availability of remedy of appeal to the Deputy Commissioner of Excise against the order of the Prohibition and Excise Superintendent, I deem it appropriate to permit the petitioners to file appeal against the order, dated 08.11.2010, passed in proceedings bearing R.C.No.A3/17/2010, by the first respondent, within a period of four (4) weeks from today. If such appeal is filed, the authority concerned shall examine and dispose of the same as expeditiously as possible. Pending disposal of the appeal to be filed by the petitioners, the impugned order shall remain suspended. It is made clear that if no appeal is preferred within the time referred to above, it is open to the respondents to take steps in accordance with law. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 7th DECEMBER, 2010. kvni