IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.27109 of 2001 Between: M/s. Balaji Cattle Feed, Rep. by its Authorised Signatory, G.Louis, S/o. Michel, Nera N.T.P.C. Village Jangiri, District Durg, (Chattisgarh). ..... PETITIONER AND 1 Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad. 2 Director of Distilleries & Bewereges, Andhra Pradesh, Hyderabad. 3 Sub Divisional Prohibition and Excise Officer, Srikakulam, Srikakulam District. 4 Sub Divisional Prohibition and Excise Officer, Palakonda, Srikakulam District. 5 Prohibition & Excise Inspector, Amadalavalasa, Srikakulam District. 6 Prohibition & Excise Inspector, Palakonda, Srikakulam District. 7 Prohibition & Excise Inspector, Narsipatnam, Visakhapatnam District. 8 The Etikoppaka Cooperative Agricultural & Industrial Society Ltd., (No.M.191), Etikoppaka, Narsipatnam, Visakhapatnam District. (A.P.) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ, Order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the Respondent herein in insisting upon taking an Escort of Excise Constable with each Tanker Lorry transporting Molasses by the Petitioner as illegal, without jurisdiction and violative of Article 19(1)(g) of the Constitution of India, and further direct the Respondents-authorities herein to issue Transport Permits for transporation of Molasses from the 8th respondent to its factory and within and outside the State of Andhra Pradesh, without insisting upon production of "No Objection Certificate," forthwith. Counsel for the Petitioner:MR.E.MARUTHI RAJA Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.27109 of 2001 ORDER: None appears for the petitioner. The matter relates to insisting upon taking an Escort of Excise constable with each Tanker lorry transporting Molassess. It is the contention of the petitioner that the Excise Authorities have no power or authority to insist upon taking an Escort of Excise constable with each Tanker lorry transporting Molassess. Learned counsel appearing for the respondents submits that the subject matter of the writ petition is squarely covered by the judgment of this court in M/s. SHRI KRISHNA PASU AAHAR BHANUPURI Vs. COMMISSIONER OF PROHIBITION AND EXCISE, A.P., HYDERABAD AND OTHERS[1] and after the judgment of this court, the Department is not at all insisting upon taking an Escort of Excise Constable with each Tanker Lorry transporting Molasses. In view of the aforesaid facts and circumstances of the case, no orders are required to be passed in this writ petition. Accordingly, the writ petition is closed. There shall be no order as to costs. ___________ 15-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MADHURI} [1] 1998 (1) ALT 803 (DB)