IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.8679 of 2009 Between: M/s. Sai Jaggery and General Stores, D.No.3-9-6, Himamnagar, Enkuru Mandal, Khammam District, Rep. by B. Panthulu S/o. Hemla aged 40 yrs, Occ: Business, R/o. Himamnagar, Enkuru Mandal, Khammam District. ..... PETITIONER AND 1 The Prohibition & Excise Sub Inspector Prohibition & Excise Station Kothagudem, Khammam District. 2 The Prohibition & Excise Inspector Prohibition & Excise Station Kothagudem, Khammam District. 3 The Superintendent of Prohibition & Excise Kothagudem, Khammam District. 4 The Station House Officer Enkuru Police Station Khammam District. 5 The Station House Officer Julurupadu Police Station Khammam District. 6 The Circle Inspector of Police Enkuru Police Station Khammam District. 7 The District Collector Khammam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ or order 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 petitioner 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 Respondents: GP FOR PROHIBITION & EXCISE GP FOR HOME The Court made the following: THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.8679 of 2009 ORDER: The petitioner is carrying business in Black Jaggery and Alum in the name and style of M/s. Sai Jaggery & General Stores. He is doing the said business basing on the certificate of registration issued by the Commercial Tax Officer, Kothagudem Circle. He filed this writ petition questioning the action of the respondents in not allowing him to carry on his business in jaggery and alum and also placing restrictions upon his business in regard to sale and purchase of jaggery, alum and kirana. Today, when the matter is taken up, it is submitted by the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise that the issue involved in this writ petition is squarely covered by the judgment of this Court in W.P.No.19706 of 2000 dated 12.11.2001. It is also submitted by the learned Government Pleader for Prohibition and Excise that pursuant to the said judgment, the Commissioner of Prohibition and Excise has issued a circular No.4294/DPF/2001/CS dated 22.12.2001 directing the excise officials to follow certain instructions and they are strictly adhering to the said circular instructions. In the circumstances, following the judgment of this Court in W.P.No.19706 of 2000 dated 12.11.2001, the writ petition is disposed of in terms of the said judgment and the respondents are directed to strictly adhere to the instructions given in circular dated 22.12.2001 by the Commissioner of Prohibition & Excise, A.P. Hyderabad. _________________ JUSTICE N.V. RAMANA 27th April, 2009 IBL