HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 16499 OF 2011 . DATED 23rd June, 2011 BETWEEN E.Srinivaslu Goudu …Petitioner And The Commissioner of Prohibition & Excise, AP, Hyderabad and anr ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 16499 of 2011 ORDER: Aggrieved by the action of the respondents in rejecting the request of the petitioner for renewal of licence to the Raketla TCS of Ananthapur District, the present Writ Petition is filed. It is the case of the petitioner that licence of the Raketla T.C.S. was cancelled by the second respondent vide proceedings dated 20.11.2006 on the ground that the then President was found selling adulterated toddy. It seems that the said cancellation order having not been questioned before any Court of law has attained ﬁnality. Pursuant to the order of this Court dated 17.09.2009 passed in Writ Petition No. 19964 of 2009, the representation submitted by the petitioner and others on 30.10.2007 for renewal of licence with formation of new T.C.S. with other members of the society after removing earlier President from the primary membership of the society, was rejected on the premise that the licence of Rakelta TCS was cancelled on 5.5.2006 prior to commencement of new toddy rules, 2007. The learned Counsel for the petitioner submits that the respondents have to consider the representations of the petitioner as per the rules prevailing as on the date of consideration of their representation or as per their previous policy. The learned Counsel for the petitioner placed reliance on Rule 39 of the Andhra Pradesh Excise ( Grant of Licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007 and submits that the action of the respondents in rejecting their request ignoring the rules governing the ﬁeld is illegal and arbitrary. The Andhra Pradesh Excise (Grant of Licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007 came into force with eﬀect from 01.10.2007. The licence of the Rakelta T.C.S. was cancelled on 05.05.2006 and the petitioner and others submitted their request for revival of licence of the Rakelta T.C.S. on 30.10.2007. In as much as the licence of the Rakelta T.C.S. was cancelled on 05.05.2006, i.e. prior to commencement of new Toddy Rules, 2007, the representation of the petitioner dated 30.10.2007 for revival of licence to form new Rakelta T.C.S. cannot be considered on the ground that the deciding of the representation for revival of the licence virtually amounts to consideration under the old rules which were ceased to operate with eﬀect from 1.10.2007, the date and fro which the Rules 2007 came into force. The only remedy available to the petitioner is to apply for grant of licence in terms of the new rules, i.e. The Andhra Pradesh Excise (Grant of Licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007. The learned Counsel for the petitioner submits that in terms of Rule 39 of The Andhra Pradesh Excise ( Grant of Licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007, the licence of the petitioner can be continued with eligible members by imposing ﬁne,. It is to be seen that it is for the respondents to take appropriate decision on the application of the petitioner, if so ﬁled in terms of new rules--The Andhra Pradesh Excise ( Grant of Licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007. In that view of the matter I do not see any merit in the Writ Petition and the same liable to be dismissed. The Writ Petition is accordingly dismissed. There shall be no order as to costs. -------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 23rd June, 2011. Msnro