THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.14496 of 2010 Date: 25.6.2010 Between: Sri Venkata Sai Traders, rep. By its Prop. Repaka Srinivasa rao, Sarapaka Village, Khammam. ………...Petitioner And The Asst.Excise Superintendent, Kothagudem, Khammam District and others. …… Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.14496 of 2010 ORDER: This writ petition has been filed by Sri Venkata Sai Traders, represented by its Proprietor Sri Repaka Srinivasa Rao with a prayer to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in interfering with its business as arbitrary and illegal. The petitioner has been carrying on business in black jaggery and alum in the name and style of Sri Venkata Sai Traders on the basis of the certificate issued by the Assistant Commercial Tax Officer, Kothagudem-II vide GRN No.WGL/09/4/2531. It is the case of the petitioner that carrying on business in black jaggery and alum is not an offence, and therefore, frequent interference of the respondents in the business carried on by the petitioner is causing much inconvenience to its day-to-day activities. It is also the case of the petitioner that there is no prohibition for sale, produce and transportation of black jaggery and alum. When the writ petition came up for admission, the learned Assistant Government Pleader for Prohibition & Excise takes notice on behalf of the respondents 1 & 2 and learned Assistant Government Pleader for Home takes notice on behalf of the respondents 3 & 4. Heard learned counsel appearing for the parties. The learned counsel appearing for the petitioner submits that the petitioner is holding a valid licence to carry on the business in black jaggery and alum, and, therefore, frequent interference of the respondents in the business of the petitioner is causing much prejudice to it. Learned Assistant Government Pleader submits that a full Bench of this Court in Ganesh Traders Dharmpuri, Karimnagar v. District Collector[1] has held that black jaggery when it is reasonably found to be meant for manufacture of I.D Liquor is liable to be seized by the Excise officials. So long as the petitioner carries on the business in accordance with the permit, the respondents cannot interfere with its legal business. Once the petitioner contravenes the permission granted to it and diverts the black jaggery and alum for the purpose of preparing illicit liquor, the respondents have got every right to take action against the petitioner in accordance with the provisions of law. With the above observation, this Writ Petition is disposed of at the admission stage. No costs. ______________________________________ JUSTICE B. SESHASAYANA REDDY Date:25.6.2010 mrb [1] 2002 (1) ALD 210