THE HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2656 of 2008 Date: 27.03.2008 Between: G.Kumaraiah Goud and another … Petitioners AND The Superintendent, Prohibition and Excise, Mahaboobnagar district. And another … Respondents Counsel for the petitioners : Sri G.L.Nageswara Rao Counsel for respondents: G.P. for Prohibition & Excise HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2656 of 2008 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 writ of mandamus to declare proceedings dated 10.12.2007 of respondent No.1 whereby he cancelled the TCS licence of the Tappers’ Cooperative Society of Mahaboobnagar. Petitioners are members of the Tappers’ Cooperative Society of Mahboobnagar (for short “the Society”). On the ground that the said society indulged in adulteration of toddy, 17 toddy shop licenses held by the said society were cancelled by the impugned order. The petitioners questioned the said proceedings. At the hearing, learned Government Pleader for Prohibition and Excise submitted that the impugned proceedings whereby the TCS Licence was cancelled were questioned by the Person-in-charge Committee of the Society by filing an appeal before the Deputy Commissioner of Prohibition and Excise, Mahaboobnagar Division and the said appeal was dismissed by the Deputy Commissioner by his order dated 2.2.2008 and that so far no further appeal is filed against the said order. Having heard the learned counsel for the parties and perused the record, I am of the view that the petitioners cannot maintain the present writ petition for the following reasons: 1) They are merely the members of the Society and in the absence of any authorization given by the Society they cannot maintain the present writ petition questioning the order of cancellation of licence held by the Society. 2) The Person-in-charge Committee had already filed an appeal against the order of cancellation and was unsuccessful in its effort to get the said order of cancellation set aside. Therefore, the petitioners who are the individual members of the Society cannot be permitted to question the validity of the order of cancellation independent of the remedy already availed by the Person-in-charge Committee. 3) If any dispute exists between the petitioners as members of the society and the management of the Society represented by the Person-in-charge, the petitioners have a right to raise the dispute under section 61 of the Andhra Pradesh Cooperative Societies Act, 1964 and mere existence of such disputes does not cloth the petitioners with the right to initiate any proceedings purporting to espouse the cause of the members of the society. For the above-mentioned reasons, the writ petition is dismissed. The petitioners are permitted to avail the remedy under Section 161 of the Andhra Pradesh Co-operative Societies Act, 1964 at their discretion. As a sequel to dismissal of the writ petition, W.P.M.P.No.3422 of 2008 filed by the petitioners seeking interim relief is dismissed as infructuous. ___________________________ C.V.NAGARJUNA REDDY,J Date:27.03.2008 mdaa