IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.2329 of 2008 Between: 1 M. Narayan Goud, S/o. M. Laxmaiah Goud, r/o. Amistapur Village, Boothpur Mandal, Mahabubnagar District. 2 M. Chenna Goud, S/o. M. Laxmaiah Goud, r/o. Amistapur Village, Boothpur Mandal, Mahabubnagar District. 3 M. Raghunandan Goud, s/o. M. Thimmanna Goud, r/o. Amistapur Village, Boothpur Mandal, Mahabubnagar District. ...PETITIONERS AND 1 The Collector Excise, Mahabubnagar District, Mahabubnagar. 2 The Prohibition & Excise Superintendent, Mahabubnagar. ...RESPONDENTS 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the request made by the petitioners for grant of T.F.T. Licenses under Tree for Taper Scheme as Amistapur Village, Boothpur Mandal, Mahabubnagar District in terms of the Rule 39 of AP (Grant of License to sell toddy conditions of License and Tapping of Excise Trees) Rules 2007, though the license of Group Society Mahabubnagar was cancelled on the account of adulteration of the toddy, as illegal, unlawful, contrary to law and against the above statutory rules and consequently direct the respondents to grant T.F.T. Licenses to the petitioners and other eligible tapers at the above village. Counsel for the Petitioners: MR.M.DAMODAR REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.2329 of 2008 ORDER: This Writ Petition is filed for a Writ of Mandamus declaring the inaction of the respondents in considering the requests of the petitioners for grant of T.F.T licenses under Tree for Taper Scheme at Amistapur Village, Boothpur Mandal of Mahabubnagar District in terms of Rule 39 of the A.P. (Grant of License to sell Toddy Conditions of License and Tapping of Excise Trees) Rules, 2007 (for short “the Rules”) as illegal and arbitrary. The petitioners sought for a consequential direction to the respondents to grant T.F.T. licenses to the petitioners. Heard Sri M.Damodhar Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Prohibition and Excise. In the affidavit filed in support of the petition, the petitioners submitted that Amistapur Village comes under the Tapers Cooperative Society (T.C.S.) group of Mahabubnagar, that two adulteration cases were booked against the said T.C.S. group and respondent No.2 finally cancelled the license of the said T.C.S. group by order dated 10.12.2007. The petitioners avered that the State of Andhra Pradesh notified the Rules under G.O.Ms.No.1228 dated 19.09.2007 and under Rule 39 of the said Rules, if a licensee of a toddy shop of T.C.S. group is found involved in adulteration, the license shall be cancelled and individual licenses under T.F.T. Scheme may be granted. The petitioners claim that under the said Rule, they are entitled for grant of individual licenses and that despite their making applications and several subsequent representations to respondent No.2, licenses have not been granted. Learned Assistant Government Pleader for Prohibition and Excise, on instructions, stated that questioning the cancellation of T.C.S. license, the management of T.C.S. filed an appeal before the Deputy Commissioner, Prohibition and Excise, Mahabubnagar and that the same was dismissed by order dated 02.02.2008, communicated to them on 15.02.2008. She also stated that a further appeal lies to the Commissioner, Excise against the said order and that the limitation for filing an appeal has not yet expired. Inasmuch as the respondents have not disputed the fact that the members of the T.C.S. other than the members of Executive Committee are entitled to apply for and being considered for grant of T.F.T. licenses, wherever licenses for T.C.S. are cancelled on the ground of adulteration, the petitioners are justified in feeling aggrieved by the inaction of the respondents in considering their applications for grant of T.F.T. license. At the respondents’ own showing, the appeal filed by the T.C.S. was dismissed. On these admitted facts, I feel it appropriate that the respondents consider the claims of the petitioners for grant of T.F.T. licenses for Amistapur Village, Boothpur Mandal of Mahabubnagar District within a period of six {6} weeks from the date of receipt of a copy of this order. The consideration of the petitioners’ applications is subject to the appeal, if any, filed by the T.C.S. and the orders to be passed therein in the said appeals. The Writ Petition is accordingly disposed of. ______________________ (C.V.NAGARJUNA REDDY, J 17th March 2008 RRB Copy To: 1 The Collector Excise, Mahabubnagar District, Mahabubnagar. 2 The Prohibition & Excise Superintendent, Mahabubnagar. 3 2CCs to GP for Prohibition & Excise, High Court Buildings (OUT). 4 2CD copies