IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 7151 of 2008 Between: 1 B.Srinivas Goud S/o.Nagaiah R/o.Palkonda village Mahabubnagar Mandal Mahabubnagar District 2 Anantaiah S/o.Pakeeraiah R/o.Palkonda village Mahabubnagar Mandal Mahabubnagar District 3 Hari Chandraiah S/o.Chinnaiah R/o.Palkonda village Mahabubnagar Mandal Mahabubnagar District 4 D.Balaiah S/o.Hanumaiah R/o.Palkonda village Mahabubnagar Mandal Mahabubnagar District ..... PETITIONERS AND 1 The Collector, Excise, Mahabubnagar district of Mahabunagar 2 The Prohibition & Excise Superintendent Mahabubnagar .....RESPONDENTS Counsel for the Petitioners:MR.M.DAMODAR REDDY Counsel for the Respondents: AGP FOR PROHIBITION & EXCISE The Court made the following : ORDER: This Writ Petition is filed for a Writ of Mandamus declaring the inaction of the respondents in considering the requests of the petitioners for grant of T.F.T licenses under Tree for Taper Scheme at Palkonda Village, Mahabubnagar Mandal and District in terms of Rule 39 of the Andhra Pradesh (Grant of License to sell Toddy Conditions of License and Tapping of Excise Trees) Rules, 2007 (for short “the Rules”) as illegal and arbitrary. The petitioners sought for a consequential direction to the respondents to grant T.F.T. licenses to them. Heard Sri M.Damodhar Reddy, learned counsel for the petitioners and the learned Assistant Government Pleader for Prohibition and Excise. In the affidavit filed in support of the petition, the petitioners submitted that Palkonda Village comes under the Tapers Cooperative Society (T.C.S.) group of Mahabubnagar, that two adulteration cases were booked against the said T.C.S. group and respondent No.2 finally cancelled the license of the said T.C.S. group by order, dated 10.12.2007. The petitioners averred that the State of Andhra Pradesh notified the Rules under G.O.Ms.No.1228, dated 19.09.2007 and under Rule 39 of the said Rules, if licensee of a toddy shop of T.C.S. group is found involved in adulteration, the license shall be cancelled and individual licenses under T.F.T. Scheme may be granted. The petitioners claim that under the said Rule, they are entitled for grant of individual licenses and that despite their making applications and several subsequent representations to respondent No.2, licenses have not been granted. Learned Assistant Government Pleader for Prohibition and Excise, on instructions, stated that questioning the cancellation of T.C.S. license, the management of T.C.S. filed an appeal before the Deputy Commissioner, Prohibition and Excise, Mahabubnagar and that the same was dismissed by order, dated 02.02.2008, communicated to them on 15.02.2008. She also stated that a further appeal lies to the Commissioner, Excise against the said order and that the limitation for filing an appeal has not yet expired. Inasmuch as the respondents have not disputed the fact that the members of the T.C.S. other than the members of Executive Committee are entitled to apply for and being considered for grant of T.F.T. licenses, wherever licenses for T.C.S. are cancelled on the ground of adulteration, the petitioners are justified in feeling aggrieved by the inaction of the respondents in considering their applications for grant of T.F.T. license. At the respondents’ own showing, the appeal filed by the T.C.S. was dismissed. On these admitted facts, I feel it appropriate that the respondents consider the claims of the petitioners for grant of T.F.T. licenses for Palkonda Village, Mahabubnagar Mandal and District within a period of six (6) weeks from the date of receipt of a copy of this order. The consideration of the petitioners’ applications is subject to the appeal, if any, filed by the T.C.S. and the orders to be passed therein. The Writ Petition is accordingly disposed of. As a sequel to disposal of main petition, WPMP.No.9393 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J 2nd APRIL, 2008 kvni