IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9671 of 2009 Between: M.Hanumantha Rao, S/o buchi Ramaiah, R/o. Paloncha Village and Mandal, Khammam District. ..... PETITIONER AND 1 The Deputy Commissioner, Proh and Excise, Khammam, Khammam District. 2 The Station House Officer, V.M.Banjara P.S. 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 will be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action the action of the 2nd respondent in seizing the stocks of 340 bags of black jaggery each containing 50 Kgs seized in Cr.No.68 of 2009 as illegal and arbitrary and consequently direct the respondents to release the stocks. Counsel for the Petitioner: MR.PALLENAGESWAR RAO Counsel for the Respondents: GP FOR HOME The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.9671 of 2009 Order: Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition & Excise appearing for the respondents. This writ petition is filed seeking a writ of Mandamus declaring the action of the second respondent in seizing 340 bags of black jaggery in connection with Crime No.68 of 2009. The questions as to whether the black jaggery seized is covered by way-bills and permits issued by the Market Committees and respective purchase receipts, and whether the same is meant for use in illicit distillation or not, are the questions to be enquired and decided by the Excise Officials concerned, but not this court in exercise of its jurisdiction under Article 226 of the Constitution of India. The remedy of the petitioner is to approach the Excise Officials concerned and make an appropriate application seeking release of the black jaggery seized. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the petitioner to make proper application to the respondents seeking release of black jaggery seized in connection with Crime No.68 of 2009 on the file of the Station House Officer, V.M.Banjara P.S, Khammam District and on filing such application, the respondents are directed to consider the same and pass appropriate orders thereon in accordance with law, expeditiously. No costs. ___________________ N.V. RAMANA, J. Date: 01.05.2009 VGB