Q q IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:19419 OF 2010 DATED:9.8.2010 Between: 1. K. Yada Goud and others .....PETITIONERS AND 1. Deputy Commissioner of Prohibition and Excise Department, Nizamabad and others. .....RESPONDENTS This Court made the following : THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:19419 OF 2010 ORDER: The grievance of the petitioners is with regard to the inaction of the Deputy Commissioner of Prohibition & Excise Department, Nizamabad, the appellate authority, in disposing of the stay application filed along with their appeal against the proceedings dated 7.4.2010 and 20.5.2010 passed by the Prohibition & Excise Inspector, Yellareddy Station, Nizamabad District and the Prohibition & Excise Superintendent, Kamareddy, Nizamabad District, respectively. It is stated that the petitioners were arrayed as the co-accused in Crime No.1/2010-11 instituted against one K. Nara Goud, who was the licence holder along with the petitioners for toddy counters 1 to 6 of Mathmal village, Yellareddy Mandal, Nizamabad District. The Prohibition & Excise Superintendent, Kamareddy, Nizamabad District suspended the petitioners’ licences under proceedings dated 7.4.2010 in connection therewith. Aggrieved thereby, they filed W.P.No.8875 of 2010 before this Court. By interim order dated 20.4.2010 this Court, being of the opinion that the balance of convenience was in favour of the petitioners as no toddy had been seized from their counters, suspended the proceedings dated 7.4.2010 leaving it open to the authorities to hold an enquiry and pass final orders after following the due procedure. Thereupon, the Prohibition & Excise Superintendent, Kamareddy, Nizamabad conducted an enquiry and passed orders dated 20.5.2010, once again suspending the petitioners’ licences. Writ Petition No.14005 of 2010 filed by them was disposed of at the admission stage permitting them to avail the appellate remedy before the Deputy Commissioner of Prohibition & Excise, Nizamabad. The petitioners filed an appeal on 2.7.2010 along with a stay application seeking suspension of the orders under appeal. It is stated that the stay application is kept pending by the appellate authority since 2.7.2010. The prayer of the petitioners that this Court should provide interim protection pending disposal of the stay application by the appellate authority cannot be countenanced. Article 226 of the Constitution is not meant for circumventing statutory remedies. At the same time, it is to be noticed that delay on the part of quasi-judicial authorities in discharge of their functions leads to distrust in the system. Such authorities should be mindful of the urgency in hearing stay applications pending disposal of the appeals and should pass necessary orders thereupon for providing timely protection. Inaction in this regard is debilitative to the functioning of the system. There shall accordingly be a direction to the Deputy Commissioner, Prohibition & Excise, Nizamabad, to consider the stay application filed by the petitioners in their appeal preferred against the orders dated 7.4.2010 and 20.5.2010 passed by the excise authorities, Nizamabad, after giving due opportunity of hearing to the parties concerned and pass reasoned orders within one week from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No order as to costs. _____________________ Justice Sanjay Kumar Dated:9.8.2010 Nn. THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:19419 OF 2010 9th August, 2010