THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.9189 OF 2010 Dated 22nd April, 2010 Between: The Toddy Tappers’ Cooperative Society …Petitioner And The Prohibition and Excise Superintendent …Respondents Counsel for the petitioner : Sri M.Damodar Reddy Counsel for the respondent: AGP for Prohibition and Excise The Court made the following ORDER: This writ petition is filed for a Mandamus to set aside order dated 30.03.2010 passed by the respondent suspending the licence of the petitioner-Toddy Tappers’ Cooperative Society. The petitioner also sought for a direction to the respondent to send the second sample of toddy to an independent laboratory. At the outset, Sri M.Damodar Reddy, learned counsel for the petitioner, submitted that the petitioner does not intend to press the writ petition insofar as it relates to suspension proceedings, as it would like to avail alternative remedy of appeal. With regard to the direction sought for by the petitioner for sending the second sample for chemical analysis, Rule 27 of the Andhra Pradesh Excise (Grant of Licence to Sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007 (for short “the Rules”), provides for sending of the second sample of the seized toddy for chemical analysis at the request of the licensee provided such a request is made within the prescribed time limit. In its affidavit, the petitioner claimed that while the seizure has taken place on 26.03.2010, it made a request for sending the second sample for chemical analysis on 27.03.2010 itself. If the petitioner has filed its application within the time limit, it is incumbent upon the respondent to send the second sample for analysis by an independent laboratory. Accordingly, the writ petition is disposed of with the direction to the respondent to send the second sample for chemical analysis in terms of the petitioner’s application if the same is in conformity with Rule 27 of the Rules before taking further action against the petitioner. As a sequel to disposal of main petition, WPMP No.11868 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 22nd April, 2010 vrn