IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4917 of 2009 Between: Toddy Tappers Cooperative Society, Sircilla No. 1, Karimnagar District, Rep by its President Burra Shankaraiah, S/o. Venkaiah, 61 years, R/o. Sircilla. ..... PETITIONER AND Commissioner of Proh & Excise, Govt. of A.P. Nampally, Hyderabad. .....RESPONDENT 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 a writ of Mandamus or any other appropriate writ, order or direction, declaring the inaction of respondent in not granting permission of bifurcation the society Sircilla No. 1, as recommended by Deputy Commissioner of Excise, Karimnagar as illegal, arbitrary and consequently direct the bifurcation of the Sircilla Group-I society into two societies as recommended by Deputy Commissioner of Excise, Karimnagar, and pass Counsel for the Petitioner:MR.P.BALAMUKUNDA RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : O R D E R:- The petitioner is a Toddy Tappers Cooperative Society, having three shops with valid liences. While so, disputes arose among the members of the petitioner-society and with a view to resolving the disputes, a General Body meeting of the society was convened on 21.9.2008 wherein it was decided to bifurcate the existing society into two groups, and accordingly, resolution was passed by the General Body, and a copy of which was submitted to the Prohibition and Excise Superintendent, who, after calling for the report of the Circle Inspector, submitted his report to the Deputy Commissioner on 5.1.2009, who in turn submitted it to the respondent-Commissioner on 24.1.2009 recommending bifurcation of the society, and the grievance of the petitioner is that the respondent is not bifurcating the petitioner-society Sircilla No.1, Karimnagar. When the matter is taken up for admission, none appeared for the petitioner. The learned Government Pleader for Prohibition and Excise appearing for the respondent has submitted that the proposals dated 24.1.2009 sent by the Deputy Commissioner for bifurcation are pending before the respondent, and the respondent is going to consider the same shortly. Having regard to the stand taken by the learned Government Pleader that the proposals dated 24.1.2009 said to have been forwarded by the Deputy Commissioner for bifurcation of the petitioner- society are under consideration before the respondent, this Court deems appropriate to dispose of the writ petition with the following directions: “The respondent-Commissioner of Prohibition & Excise is directed to consider the proposals said to have been forwarded by the Deputy Commissioner recommending bifurcation of the petitioner-society into two groups, and pass appropriate orders thereon, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 20th March, 2009 bcj