THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25518 of 2009 DATE:25.11.2009 Between: Toddy Tappers Cooperative Society, represented by its President, Nallavally village, Jinnaram Mandal, Medak District. ... Petitioner and The Prohibition & Excise Superintendent, Sangareddy, Medak District, and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25518 of 2009 ORDER: According to the petitioner, it is a Cooperative Society and its members are eking out their livelihood by tapping toddy. While so, on 29.10.2009 the excise officials conducted inspection of its business premises and drawn three samples of toddy and filed a case in Crime No.294/2009-10 against it on the allegation that the toddy was adultered with Chloral Hydrate, under section 37(a) of the A.P.Excise Act, 1968 (For short "the Act"). Subsequently, the 1st respondent suspended its licence by proceedings in Cr.No.B3/274/2009 dated 04.11.2009. Thereafter i.e. on 17.11.2009 he filed an application before the 1st respondent disputing the validity of the inspection and requesting him to send the second sample to an independent agency, but so far, no steps have been taken by him. Being aggrieved by the same, it filed the present writ petition. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise. 3. When once a licence is suspended by the competent authority on the ground of adulteration, it is always open for the licensee to approach the appellate authority, as provided for under Section 63 of the Act. In my considered view, filing of an appeal before the Deputy Commissioner, Prohibition & Excise, is an alternative and efficacious remedy. Here in this case, instead of approaching the appellate authority, the petitioner straightaway approached this Court and filed the writ petition. Hence, this Court is not inclined to go into the said aspect. 4. So far as the other aspect i.e. sending of secpmd sample to an independent agency, is concerned, it is always open for the licensee to request the authority concerned to send the second sample within a particular period, as provided for under Rule 27 of the A.P.Excise (Grant of Licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007 (for short "the Rules"). In this case, when the petitioner has filed an application before the 1st respondent on 17.11.2009 requesting to send the second sample to an independent agency, as provided for under Rule 27 of the Rules, the 1st respondent has no option except to consider the same and pass appropriate orders thereon. 5. In view of the foregoing discussion, the 1st respondent is hereby directed to consider the application of the petitioner dated 17.11.2009 and pass appropriate orders thereon, within a period of ten (10) days from the date of receipt of a copy of this order. 6. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _____________________________ GOPALA KRISHNA TAMADA, J 25th November, 2009 Note: Furnish C.C. by three days (b/o) cbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25518 of 2009 (Disposed of) 25th November, 2009 Note: Furnish C.C. by three days (b/o) cbs