THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22353 of 2009 DATE:20.10.2009 Between: Toddy Tappers Cooperative Society, represented by its President, Venkateswara Nagar and Allwyn Colony, Balanagar Mandal, R.R.District. ... Petitioner and The Prohibition & Excise Superintendent, Medchal, Rangareddy District. ... Respondent THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22353 of 2009 ORDER: This writ petition is filed by the petitioner society seeking a Writ of Mandamus to declare the action of the respondent in suspending its licence by proceedings in Cr.No.E3/1103/2009 dated 24.08.2009, as illegal and arbitrary. 2. The petitioner is a Toddy Tappers Cooperative Society. On 10.08.2009 the Sub-Inspector, Prohibition and Excise, Balanagar, R.R.District, inspected its business premises and having found that the toddy is adultered with alprazolam, he registered a case in Crime No.142/2009-10. Thereafter, a sample bottle of toddy was sent to the Government Chemical Analyst for Prohibition and Excise, Hyderabad, for analysis and report, who furnished his report on 20.08.2009 opining that the sample is fermented toddy adulterated with alprazolam. Basing on the said report, the Superintendent, Prohibition and Excise, R.R.District – respondent, suspended the licence of the petitioner society by proceedings in Cr.No.E3/1103/2009, dated 24.08.2009. Subsequently, at the request of the petitioner society, the 2nd sample was sent to the Chief Analyst of State Food Laboratory, Hyderabad. The Chief Analyst, after analysis, submitted his report on 13.10.2009 opining that the toddy was not adulterated with alprazolam. Therefore, the petitioner society approached the respondent and gave a representation on 15.10.2009 seeking revocation of the order of suspension dated 24.08.2009. As no orders have yet been passed on its representation, the petitioner society filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise. 4. It is true that the respondent has suspended the licence of the petitioner society pending enquiry, by proceedings in Cr.No.E3/1103/2009, dated 24.08.2009. However, taking the subsequent development into consideration that basing on the report of the Chief Analyst of State Food Laboratory, Hyderabad, dated 13.10.2009, the petitioner society gave a representation to the respondent seeking revocation of the order of suspension of its licence dated 24.08.2009, this Court directs the respondent to look into the said representation and pass appropriate orders thereon, at the earliest, in accordance with law. 5. Accordingly, this writ petition is disposed of at the stage of admission. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 20th October, 2009 Note: Furnish CC by three days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.22353 of 2009 20th October, 2009 Note: Furnish CC by three days. (b/o) CBS