IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9215 of 2009 Between: M/s. Bhavya Sri Jaggery &General Merchant, rep. byits Prop. M. Ramalinga Reddy, S/o. Venkat Reddy R/o. H.No.4-1/2, Main Road, Mellacheruvu, nalgonda District, having godown at Srinagar Colony, Mellacheruvu Village and Mandal Nalgonda District. ..... PETITIONER AND 1 The Assistant Excise Superintendent, Miryalaguda, Nalgonda District. 2 The Deputy Superintendent of Police, Miryalaguda, Nalgonda District. 3 The Station House Officer, Proh. and Excise Station, Huzurnagar, Nalgonda District. 4 The Circle Inspector of Police, Huzurnagar PS., Nalgonda District. 5 The Station House Officer, Law and Order, Mellacheruvu Police Station, Nalgonda District. .....RESPONDENT(S) 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 to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in harassing by interfering with the business of the petitioner in Black Jaggery and Alum under Valid licence and also seizing the said jaggery and alum and even though on production of bills and way bills evidencing that it was purchased under bills and transported under way bills and not allowing the petitioner to carry on business in Black Jaggery and Alum as illegal and arbitrary and without any authority of law and consequently direct the respondents not to interfere or in any manner seize the stocks, and to pass Counsel for the Petitioner:MR.PALLENAGESWAR RAO Counsel for the Respondent No.: GP FOR HOME WRIT PETITION NO : 9243 of 2009 Between: M/s. Sree Rama Jaggery Rice & General rep. byits Prop. M. Hanumantha Rao, S/o. Late Buchi RAmaiah R/o. H.No.8-1-217, K.S.P. Road, Natraj Centre, Paloncha, Khammam District. ..... PETITIONER AND 1 The Excise Superintendent, Kothagudem, Khammam District. 2 The Assistant Excise Superintendent, Proh. & Excise, Kothagudem, Khammam District. 3 The Superintendent of Police, Khammam, Khammam District. 4 The Station House Officer, Paloncha Town P.S., Khammam District. 5 The Station House Officer, Paloncha Rural P.S., Khammam District. 6 The Station House Officer, Law & Order, Mulakalapally, Khammam District. 7 The Prohibition & Excise Inspector, Excise Station, Paloncha, Khammam District. .....RESPONDENT(S) 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 to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in harassing by interfering with the business of the petitioner in Black Jaggery and Alum under Valid licence and also seizing the said jaggery and alum and even though on production of bills and way bills evidencing that it was purchased under bills and transported under way bills and not allowing the petitioner to carry on business in Black Jaggery and Alum as illegal and arbitrary and without any authority of law and consequently direct the respondents not to interfere or in any manner seize the stocks, and to pass Counsel for the Petitioner:MR.PALLENAGESWAR RAO Counsel for the Respondent No.: GP FOR HOME WRIT PETITION NO : 9310 of 2009 Between: M/s.Srinath Traders, Warangal ..... PETITIONER AND The Station House Officer, Inthezargunj Police Staiton, Warangal District and 11 others. .....RESPONDENT(S) 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 appropriate writ or order or direction 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 and alum and also the action of the respondents in placing restrictions upon the business of the petitioner which inclusive of sale and purchase of Black Jaggery, Alum and Kirana, 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 ptitioner in Black Jaggery, Alum and Kirana. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent : GP FOR HOME FOR R WRIT PETITION NO : 9323 of 2009 Between: M/s. Sri Srinivasa Kiranam & General Merchants, Rep. by its Prop. Gelli Srinivasa Rao, R/o. H.No. 9-208, Janpahad Road, Nerecherla Village and mand Nalgonda District and Godown at H.No. 10-27/1, Janpahad Road, Neredcherla Village and Mandal, Nalgonda District. ..... PETITIONER AND 1 The Assistant Excise Superintendent, Miryalaguda, Nalgonda District. 2 The Deputy Superintendent of Police, Miryalaguda, Nalgonda District. 3 The Station House Officer, Prohibition and Excise Station, Huzurnagar, Nalgonda District. 4 The Circle Inspector of Police, Huzurnagar, P.S., Nalgonda District. 5 The Station House Officer, Law & Order, Neredcherla Police Station, Nalgonda District. .....RESPONDENT(S) 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 to issue Writ Order or Direction more particularly one in the nature of Writ of mandamus, declaring the action of the respondents in harassing by interfering with the business of the Petitioenr in Black Jaggery and Alum under valid license and also seizing the said Jaggery and Alum and even though on production of bills and way bills evidencing that it was purchased under bills and transported under way bills and not allowing the petitioner to carry on business in Black Jaggery and Alum as illegal and arbitrary and without any authority of law and consequently direct the respondents not to interfere or in any manner seize the stocks and to pass Counsel for the Petitioner:MR.PALLENAGESWAR RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE WRIT PETITION NO : 9335 of 2009 Between: 1 M/s. Balaji Traders, H.No.10-103/1, Rajiv Chavrastha, Palakurthi Village and Mandal, Warangal District, represented by B.Venu Gopal S/o. Narayana R/o.Palakurthi Village and Mandal, Warangal District. 2 M/s. Shiva Shankar Kirana and General Merchants, H.No.2-204/12, Rajiv Chavrastha, Palakurthi Village and Mandal, Warangal District, represented by B.Vidya Sagar S/o. Rangaiah R/o.Palakurthi Village and Mandal, Warangal District. ..... PETITIONER(S) AND 1 The Station House Officer, Palakurthi Police Station, Warangal District. 2 The Circle Inspector of Police, Palakurthi Police Station, Warangal District. 3 The Station House Officer, Kudakandla Police Station, Warangal District. 4 The Station House Officer, Rayaparthi Police Station, Warangal District. 5 The Station House Officer, Jaffargad Police Station, Warangal District. 6 The Station House Officer, Raghunathpalli Police Station, Warangal District. 7 The Station House Officer, Station Ghanpur Police Station, Warangal District. 8 The Station House Officer, Devaruppala Police Station, Warangal District. 9 The Prohibition & Excise Sub Inspector, Prohibition & Excise Station, Kodakandla, Warangal District. 10 The Prohibition & Excise Inspector, Prohibition & Excise Station, Kodakandla, Warangal District. 11 The Prohibition & Excise Inspector, Enforcement Cell, Warangal, Warangal District. 12 The Prohibition & Excise Inspector, Sub Divisional Squad, Warangal, Warangal District. 13 The Superintendent of Police, Warangal, Warangal District. 14 The Prohibition & Excise Superintendent, Warangal, Warangal District. .....RESPONDENT(S) 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 to issue an appropriate writ or order or direction 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 jaggery and 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 petitioners 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 and pass. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : COMMON ORDER:- As the point involved in these five writ petitions is one and the same, these matters are taken up together for disposal by this common order. The case of the petitioners is that they are carrying on business in Black Jaggery, Alum and Kirana under the Certificates of Registration issued by the Commercial Tax Officers of the Divisions concerned. They state that the Commissioner of Prohibition & Excise, A.P., Hyderabad issued a Circular, dated 22.12.2001 in pursuance of the order passed by this Court in W.P. No.19706 of 2000, dated 12.11.2001, wherein the respondents-authorities were directed not to interfere with the purchase and sale of Black Jaggery, Alum and Kirana under proper bills. In spite of the same, the respondents-authorities are interfering with the petitioners’ business activities. Hence, the present writ petitions are filed seeking a direction to the respondents not to interfere with the business of the petitioners in Black Jaggery, Alum and Kirana. When the matters are taken up for consideration, the learned Government Pleader for Home appearing for the respondents, on instructions, submitted that the respondents have not registered any case against the petitioners and that they are neither interfering with the business activities of the petitioners nor harassing them. Recording the said statement of the learned Government Pleader for Home, these writ petitions are closed. However, the respondents are directed to strictly adhere to the Circular, dated 22.12.2001 issued by the Commissioner of Prohibition & Excise, A.P., Hyderabad, in pursuance of the orders of this Court in W.P. No.19706 of 2000, dated 12.11.2001. No costs. ______________ N.V.RAMANA, J 30th April, 2009 bcj