IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 10080 of 2009 Between: Kasireddi Prasad S/o. Nooka Raju, Hindu Sri Suryanarayana Traders, Jaggery Merchants, Feeder Road, Tuni Post, East Godavari District. ..... PETITIONER AND 1 The Deputy Commissioner, Prohibition and Excise, Kakinada (East Godavari District) 2 The Inspector of Prohibition & Excise Tuni (PO) East Godavari District. 3 The Sub Inspector of Police, Prohibition and Excise, Tuni (P.O) East Godavari 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 will be pleased to issue a writ order or direction more particularly one in the nature of Mandamus declaring the action of the Respondents herein in preventing the petitioner from doing business in Jaggery which is not a prohibited commodity as being illegal, unjust, arbitrary and violative of Articles 14 and 21 of the Constitution of India and be pleased to pass such other suitable orders as this court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.E.V.BHAGIRATHA RAO Counsel for the Respondent No.1 : GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 10080 of 2009 O R D E R : The case of the petitioner is that he is carrying on business in jaggery at Tuni, East Godavari district, under VAT Registration Certificate dated 14-6-2005 with Registration No. TIN-28260251448 issued by the Commercial Tax Officer-VAT Registering Authority, Tuni Circle, Kakinada Division. 2. It is stated that the respondents without any authority or power have came to his shop in the last week of April and first week of May 2009 and orally directed him not to sell jaggery inspite of the circular dated 22-12-2001 issued by the Commissioner of Prohibition and Excise, A.P. Hyderabad.. 3. It is further stated that in similar circumstances when the respondents have prevented Mondi Appa Rao and six others, who are wholesale jaggery merchants in Tuni and directed them not to sell jaggery, they filed WP.No.6229 of 2009. 4. It is also stated that this court by order dated 25-3-2009 passed in WP.No.6229 of 2009 directed the respondents to strictly adhere to the circular dated 22-12-2001 issued by the Commissioner of Prohibition and Excise, A.P., Hyderabad, in pursuance of the orders of this Court in WP.No.18378 of 2009, dated 13-8-2007. 5. Having regard to the facts and circumstances, as this court by an order dated 25-3-2009 passed in WP.No.6229 of 2009 directed the respondents to strictly adhere to the Circular, dated 22- 12-2001 issued by the Commissioner of Prohibition and Excise, A.P., Hyderabad in pursuance of the order of this court dated 13-8-2007 passed in WP.No.18378 of 2007, the respondents are directed not to interfere with the purchase and sale of black jaggery under proper bills and scrupulously follow the Circular dated 22-12-2001 issued by the Commissioner of Excise, A.P. Hyderabad. 6. With the above direction, the writ petition is disposed of at the stage of admission. No costs. ____________________ JUSTICE V.ESWARAIAH. 13-05-2009. I s L