THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.14182 of 2010 Dated:22nd June, 2010 Between: Athelly Sandeep Goud ….Petitioner and 1. The S.H.O., Prohibition and Excise, Malkajgiri Mandal, Ranga Reddy District and others. …Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.14182 of 2010 ORDER: This Writ Petition has been filed by Athelly Sandeep Goud assailing the inaction of the Deputy Commissioner of Prohibition and Excise, Nampally, Ranga Reddy District-3rd respondent in passing interim orders in the appeal preferred against the order of suspension of licence passed by the Superintendent, Prohibition and Excise, Medchal, Ranga Reddy District-2nd respondent. 2. The petitioner has been allotted a tree for tapper (i.e. TFT) bearing No.113, Counter No.9. The allotment is valid upto 30.09.2012. On 20.04.2010 at about 12.30 Noon, the excise officials surprised the counter of the petitioner and collected samples of toddy and tested the toddy. Thereafter, the samples were sent for chemical analysis. The Regional Prohibition and Excise Laboratory, Narayanaguda, Hyderabad, tested the samples and found that the contents are adulterated with Alprazolam. Thereupon, the Superintendent, Prohibition and Excise, Medchal, Ranga Reddy District-2nd respondent, suspended the licence of TFT toddy shop of the petitioner bearing No.113, Counter No.9, under proceedings Cr.No.E4/C/511/2010, dated 11.05.2010. The petitioner filed an appeal before the Deputy Commissioner of Prohibition and Excise, Ranga Reddy District at Hyderabad-3rd respondent. He also moved an application under Rules 5 and 6 of A.P. Excise (Appeal and Revision) Rules, 1969, seeking stay of the proceedings dated 11.05.2010 passed by the Superintendent, Prohibition and Excise, Medchal, Ranga Reddy District-2nd respondent. Since the Deputy Commissioner, Prohibition and Excise, Nampally, Ranga Reddy District- 3rd respondent has not taken any action on the appeal or on the stay application, the petitioner approached this Court invoking the jurisdiction under Article 226 of the Constitution of India and sought for the relief stated supra. 3. When the Writ Petition came up for admission, learned Government Pleader for Prohibition and Excise takes notice on behalf of the respondents. 4. Heard learned counsel appearing for the petitioner and learned Government Pleader for Prohibition and Excise appearing for the respondents. 5. The limited grievance of the petitioner is that the appeal filed by him before the Deputy Commissioner, Prohibition and Excise, Nampally, Ranga Reddy District-3rd respondent is not being taken up. 6. In that view of the matter, the Writ Petition is disposed of at the admission stage directing the Deputy Commissioner, Prohibition and Excise, Nampally, Ranga Reddy District-3rd respondent, to consider the appeal petition or stay application filed by the petitioner and pass appropriate orders within two weeks from the date of receipt of a copy of this Order. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:22nd June, 2010. Note: Issue C.C. within three days. B/O cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.14182 of 2010 Dated:22nd June, 2010