IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.883 of 2010 Between: D. Narasimhulu Goud ..... PETITIONER AND The State of A.P. rep. by its Principal Secretary, Revenue (Excise), Secretariat, Hyderabad and another ..... RESPONDENTS ORDER: The learned Assistant Government Pleader for Prohibition and Excise had taken notice on 25-01-2010. 2. The matter is coming up for admission. 3. The writ petition is filed seeking a writ of Mandamus to declare the action of respondent No.2 in canceling the petitioner’s licence bearing No.35/2007 in Proc.No.A1/831/07 dated 24-12- 2009 as arbitrary, illegal and in violation of Rule 39 of the Andhra Pradesh Excise (Grant of Licence to sell toddy, condition of licence and tapping of Excise Trees) Rules, 2007 and consequently set aside the same and pass such other suitable orders. 4. The learned Assistant Government Pleader for Prohibition and Excise stated that the order under challenge is an appealable order to the Deputy Commissioner, Prohibition and Excise, Mahabubnagar District. 5. Sri V. Ramchander Goud, learned counsel representing the writ petitioner also would maintain that no doubt it is an appealable order. But, however, the order under challenge had been made in clear violation of Rule 39 of the Andhra Pradesh Excise (Grant of Licence to sell toddy, condition of licence and tapping of Excise trees) Rules, 2007. 6. This court is not inclined to express any opinion touching the merits and demerits of the case though the averments in detail had been made in paragraph Nos.2 to 10 of the affidavit filed in support of the writ petition. 7. In the light of the facts and circumstances, especially in the light of the language of Rule 39 of the A.P. Excise (Grant of Licence to sell toddy, condition of licence and tapping of Excise trees) Rules, 2007 liberty is given to the petitioner to prefer an appeal before the appellate authority – the Deputy Commissioner, Prohibition and Excise, Mahabubnagar District and in the light of the peculiar facts, the proceedings in Rc.No.A1/831/07 dated 24- 12-2009 issued by the second respondent – Superintendent of Prohibition and Excise, Mahabubnagar is hereby suspended for a period of two (2) weeks. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________________ P.S. NARAYANA, J January 29, 2010. Pn THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.883 of 2010 January 29, 2010