IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No. 31687 of 1997 Between: M/s Pawan Mosiac Tiles Industries Rep by Manager, A.K.Agarwal 138-A, Light Industries Area. , Bhilai, Madhya Pradesh. ..... PETITIONER AND 1 Commissioner of Prohibition & Excise, Andhra Pradesh Hyderabad. 2 Prohibition & Excise Superintendent, Vishakapatnam, Vishakapatnam Dist. 3 Sub Divisional Prohibition & Excise Officer, Chodavaram Vishakapatnam Dist. 4 Chodavaram Co-operative Sugars Ltd. Rep by Managing Director No. B-1109, Govada, Chodavaram Mandal, Vishakapatnam Dist. .....RESPONDENTS 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 issue an appropriate order, direction or a writ particularly one in the nature of Writ of mandamus declaring that the demand of Administrative charges @ Rs.25/- per metric tone on Molasses purchased and transported from Andhra Pradesh to Madhya Pradesh State and insistence on taking Escort with each tanker lorry transporting Molasses by the petitioner are illegal, and without jurisdiction apart from being violative of Art.19(1)(g) of the constitution of India. Counsel for the Petitioner : Mr.KOKA RAGHAVA RAO Counsel for the Respondents 1 to 3 : GP FOR PROHIBITION & EXCISE Counsel for the Respondent No.4 : None appeared The Court made the following : ORDER: It is represented by the learned counsel for the petitioner and admitted to by the learned Government Pleader for Prohibition and Excise that the subject matter in this writ petition is squarely covered by a Division Bench judgment of this Court dated 08-05-2001 in W.A.No.2209 of 1998 and batch, wherein it was held. – “In view of what is stated above, while we uphold the argument that the State is not debarred from making any legislation with regard to the molasses, we hold that since no such legislation has been made by the State of A.P., regarding the subject of molasses, the impugned orders of the respondents are unconstitutional, illegal and nonest. Accordingly, the Writ Appeals are dismissed and the Writ Petitions are allowed”. Recording the above submission and following the ratio in the aforementioned judgment, this Writ Petition is also allowed. Office is directed to annex a copy of the judgment in W.A.No.2209 of 1998 and batch, dated 08-05-2001, to this order. No costs. ____________ N.V. RAMANA, J Date: 5.4.2005 DA/SVV That Rule Nisi has been made absolute as above. Witness the Hon’ble Sri Bilal Nazki, the Acting Chief Justice on this Tuesday, the Fifth day of April, Two thousand Five. To 1 Commissioner of Prohibition & Excise, Enclosed along Andhra Pradesh, Hyderabad. with copy of 2 Prohibition & Excise Superintendent, judgment dated Vishakapatnam, Vishakapatnam Dist. 8.5.01 made in 3 Sub Divisional Prohibition & Excise Officer, W.A.No.2209/98. Chodavaram, Vishakapatnam Dist. 4 The Managing Director, Chodavaram Co-operative Sugars Ltd. No. B-1109, Govada, Chodavaram Mandal, Vishakapatnam Dist. 5 Two CCs to the G.P. for Proh. & Excise, High Court Buildings, Hyderabad (OUT). 6 Two CD copies.