IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE THIRD DAY OF JUNE, TWO THOUSAND TEN WRIT PETITION No.732 OF 2009 Between: Laxmi Kiranam and General Stores, Rept., by its Proprietor-Kankanala Thirupathi, S/o.Mallaiah, 45 yrs, H.No.250, Pothulval village, Kataram Mandal, Karimnagar District. … Petitioner And The Prohibition and Excise Superintendent, Karimnagar, Karimnagar District. … Respondents Counsel for the petitioner: Sri Palle Nageswar Rao. Counsel for the respondents: G.P. for Prohibition & Excise for R.1 and R.2. None for R.3 & R.4. This Court made the following: ORDER:- At the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This Writ Petition is filed for a Mandamus to declare the action of the respondents in harassing the petitioner by interfering with his business of black jaggery and alum, as illegal and arbitrary. In his affidavit, the petitioner has stated that he has been carrying on business in kirana and general items under the registration certificate obtained from the Commercial Tax Department; that as a part of his business activity he is selling black jaggery and alum; and that he is not involved in manufacture of illicit liquor or he is selling black jaggery and alum for the purpose of illicit distillation of such liquor. The petitioner averred that in Writ Petition No.18378 of 2007 this Court, by order dated 13-8-2007, held that carrying on business in black jaggery per se does not constitute any illegality. The petitioner also placed reliance on Circular, dated 22-12-2001, issued by the Commissioner of Prohibition and Excise, wherein he has instructed his subordinate officers not to harass the persons carrying on business in black jaggery and alum without there being any evidence of their involvement in illegal activity of manufacture of I.D. liquor. Counter-affidavit is filed along with the vacate stay petition by the respondent No.1, wherein, it is, inter alia, stated that, while the respondents are not harassing the petitioner, the Excise Officers detected illegal possession of black jaggery by Sri Nallagonda Tirupathi of Korlakunta village, Kataram Mandal, and Sri Bellam Rosaiah of Gummallapalli village of Kataram Mandal; that both the said persons have stated that the black jaggery and alam were supplied to them by the petitioner; and that the petitioner is shown as accused No.2 in the two cases registered in this regard. The respondents did not dispute the fact that this Court held in Writ Petition No.18378 of 2007 that the activity of sale of black jaggery and alum is not prohibited and that unless the persons, who are involved in such sale, indulge in using the said material for illegal purposes, such as manufacture of I.D. liquor, their activity cannot be interfered with. Therefore, the respondents cannot interfere with the business of sale of the said goods by the petitioner so long as he is not found involved in using the same for manufacture of I.D.liquor. However, as far as the two criminal cases are concerned, this order does not prevent the respondents from pursuing the same against the accused, including the petitioner. Subject to the above observations, the Writ Petition is disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:3-6-2010 MNR