THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.13451 of 2008 ORAL ORDER: The petitioner herein claims to be a tapper and resident of Yellareddy village of Nizamabad District. It is stated that the petitioner along with sixteen other tappers made a representation dated 13.07.2007 requesting the respondents to grant permission for formation of a toddy tappers co-operative society at Yellareddy. Pursuant thereto, the 2nd respondent herein directed the 1st respondent to take necessary action and, accordingly, after conducting due enquiry as well as tapping test to the applicants, the 1st respondent submitted a report dated 10.09.2007 recommending formation of a society as requested by the petitioner. Thereafter, Assistant Prohibition and Excise Superintendent, Kamareddy has also recommended for formation of a new society vide his proceedings dated 10.10.2007. In turn, the 2nd respondent by letter dated 26.10.2007 submitted his recommendations to the Commissioner of Prohibition and Excise for formation of a new society. However, since no further steps were taken, the petitioner made another representation dated 10.06.2008 requesting to take further steps as per the recommendations made by respondents 2 and 3. Alleging that in spite of the same, no further steps were taken, the writ petition is ﬁled seeking a declaration that the action of the respondents in not considering the request of the petitioner for registering another Toddy Tappers Co-operative Society at Yellareddy as arbitrary and illegal. In the counter aﬃdavit ﬁled by the Assistant Prohibition and Excise Superintendent, Kamareddy, the fact that the petitioner and others were found to be genuine tappers has not been disputed. However, it is stated that the 3rd respondent issued administrative instructions for the year 2007-08 vide C.R.No.10335/07/CPI, dated 19.09.2007 under new toddy Rules i.e., A.P. Excise (Grant of Licence to Sell Toddy, Conditions of Licence, Tapping of Excise Trees) Rules, 2007 and as per the said instructions, as far as possible there shall be only one society for one village and one shop for one society. In view of the said instructions of the 3rd respondent, the request of the petitioner was rejected vide proceedings dated 24.09.2007. However, the petitioner ﬁled a reply aﬃdavit disputing the rejection of their request for formation of a new society. It is also brought to the notice of this Court that subsequently, Prohibition and Excise Superintendent, Kamareddy submitted another report dated 29.07.2008 recommending the request of the petitioner for formation of a second society and on the basis of the said report, the 3rd respondent- Commissioner of Prohibition and Excise may be directed to reconsider the request of the petitioner. The fact that such a report was submitted by the Prohibition and Excise Superintendent, Kamareddy has not been disputed by the learned Government Pleader. Having regard to the facts and circumstances of the case, without going into the merits of the case, the writ petition is disposed of with a direction to the 3rd respondent to reconsider the request of the petitioner for formation of a second society in the light of the fresh report submitted by the Prohibition and Excise Superintendent, Kamareddy, dated 29.07.2008 and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. No costs. 18.09.2008. Note: Issue CC in three days. (Bo) Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 13451 of 2008 Between: M. Eshwer Goud, S/o. Rama Goud, R/o. H.No. 5-1-100, New Abadi, Yellareddy (V) & (M), Nizamabad District. ..... PETITIONER AND 1 The Prohibition & Excise Superintendent Kamareddy, Nizamabad District, Government of Andhra Pradesh, at Kamareddy. 2 The District Collector (Excise), Nizamabad District, Government of Andhra Pradesh, at Nizamabad. 3 The Commissioner for Prohibition & Excise, Government of Andhra Pradesh, Hyderabad. .....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 a Writ of Mandamus, or any other appropriate Writ, order or direction, declaring the action of the respondents in not considering the representations of the petitioner for registering the Toddy Tappers Cooperative Society Yellareddy No.2 and not issuing the excise licence in favour of the Petitioner and his associates as Toddy Tappers Cooperative Society Yellareddy No.2 as illegal, arbitrary, unjust and contrary to law and against principles of natural justice and pass Counsel for the Petitioner: Mr. AMARNATH GOUD THODUPUNURI Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: