THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.15397 of 2010 Date: 05.7.2010 Between: Sri Anjaiah, Gantlavelly Village, Farooqnagar Mandal, Mahaboobnagar District ………...Petitioner. And The Superintendent of Prohibition & Excise. Mahaboobnagar, Mahaboobnagar District and another. …… Respondents. THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.15397 of 2010 ORDER: This writ petition has been filed by the petitioner with a prayer to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in interfering with its business activities pending subsistence of licence as arbitrary and illegal. The petitioner is carrying on business having obtained licence under A.P.Excise (Grant of licences to sell, Toddy, Conditions of licence and Tapping of Excise Trees) Rules 2007. The licence issued by the 1st respondent is valid up to 30.9.2012. The Inspector of Prohibition & Excise, Shadnagar Village & Mandal-2nd respondent registered a case vide PCOR No.235/2010- 11, dated 25.6.2010 under Section 37 (a) of the A.P Excise Act, 1968. Assailing the action of the respondents in interfering with the toddy business, the petitioner approached this Court invoking jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, the learned Assistant Government Pleader for Prohibition & Excise takes notice on behalf of the respondents. Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Prohibition & Excise appearing for the respondents. Indisputably, the petitioner’s licence under the provisions of the Act to carry on the business is in subsistence. Since the licence issued in favour of the petitioner is in fore, there cannot be any impedement to carry on the business subject to the terms and conditions imposed in the licene. In that view of the matter, the writ petition is disposed of directing the respondents not to interfere with the business activities of the petitioner during the subsistence of the licence issued under the provisions of the Act in his favour. No costs. ______________________________________ JUSTICE B. SESHASAYANA REDDY Date:5.7.2010 Note: Furnish CC within three days. B/O mrb