THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16765 of 2009 DATED:17.09.2009 Between: Toddy Tapers Cooperative Society. ..... PETITIONER And The Commissioner, Prohibition and Excise, A.P., Hyderabad, And others. .....RESPONDENTS THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16765 of 2009 ORDER: The petitioner is a Toddy Tapers Cooperative Society and its licence was cancelled by the licensing authority, namely, the third respondent herein on 07.11.2008 on the ground of adulteration. As against the said order, the petitioner approached the appellate authority – Deputy Commissioner of Prohibition and Excise, and filed an appeal, which was dismissed on 22.07.2009. The same is questioned in this Writ Petition. 2. Heard the learned Counsel for the petitioner and the learned Government Pleader for Prohibition and Excise. 3. Against the orders of the Deputy Commissioner of Prohibition and Excise, the petitioner has a right to file another appeal before the Commissioner. But, the petitioner without exhausting the same, approached this Court, and hence, this Court is of the view that the Writ Petition can be disposed of with a direction to the petitioner to approach the Commissioner and file and appeal as provided under Section 63(2) of the Andhra Pradesh Excise Act, 1968. 4. Learned Counsel for the petitioner submits that in the meanwhile, the petitioner be given licence to carry on the business in T.F.T. It may be not be necessary for this Court to issue such a direction, for the reason that the petitioner is always at liberty to approach the authorities and ask for issuance of such licence, and if the law permits, the authorities will grant such licence to the petitioner. 5. The Writ Petition is disposed of accordingly. There shall be no order as to costs. _________________________ (T.GOPALA KRISHNA, J) 17th September, 2009 vs