IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 19702 of 2009 Between: M/s. Geeta Paarisramika Cooperative Society, Wardiyal, Kollapur Mandal, Mahabubnagar District, Rep by is President Sri D. Nagender Goud ..... PETITIONER AND 1 The Prohibition & Excise Superintendent, Prohibition & Excise Department, Nagarkurnool, Mahaboobnagar District. 2 The Commissioner of Prohibition & Excise, Prohibition & Excise Department, Hyderabad. 3 The Deputy Commissioner of Prohibition & Excise, Prohibition & Excise Department, Mahabubnagar .....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 a writ of mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in initiating proceedings for cancellation of license vide Proceedings Cr.No. C/95/2009, dated 8-9-2009 under Sec. 31 (1) (b) of A.P Excise Act, 1968 and suspending the license vide Proceedings Cr.No. C/95/2009, dt. 8-9-2009 in relation to the Toddy Shop No. 2 License bearing No. 8, dt. 11-10-2007 is illegal, arbitrary, without jurisdictrion and contrary to the rule - 39 of AP Excise (Gran of License to Sell Toddy, Conditions of License & Tapping & Excise Trees) Rules, 2007 and set aside the said proceedings Counsel for the Petitioner:MR.C.RAGHU Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 19702 of 2009 ORDER: 1 The petitioner approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in initiating proceedings for cancellation of license vide Proceedings Cr.No. C/95/2009, dated 8- 9-2009 under Sec. 31 (1) (b) of A.P Excise Act, 1968 and suspending the license vide Proceedings Cr.No. C/95/2009, dt. 8-9- 2009 in relation to the Toddy Shop No. 2 License bearing No. 8, dt. 11-10-2007 is illegal, arbitrary, without jurisdictrion and contrary to the rule - 39 of AP Excise (Gran of License to Sell Toddy, Conditions of License & Tapping & Excise Trees) Rules, 2007 and set aside the said proceedings and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 2 During the pendency of this Writ Petition it appears the petitioner –society changed its body by including some more persons as the members of the managing committee. In the light of the said change, according to the learned counsel for the petitioner, the licence of the petitioner’s cooperative society cannot be cancelled. It is his further contention that in view of Rule 39 of the Excise Rules also the licence of the petitioner society cannot be cancelled. 3 It may not be necessary for this court to go into the said aspects as the petitioner has come forward stating that these facts will be brought to the notice of the Commissioner by way of a representation. 4 In the light of the said submissions, this Writ Petition is disposed of with a direction to the petitioner to approach the Commissioner and give a representation at the earliest, preferably, within a period of two weeks from the date of receipt of a copy of this order bringing out the said subsequent developments and also canvas before the commissioner about the provisions of Rule 39 of the Rules. Thereafter the Commissioner may pass appropriate orders in accordance with law within two weeks. 5 The Writ Petition is accordingly disposed of. No costs. _________ 23.09.2009 kvsn