HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.10613, 10615, 10620, 10726, 10728 of 2009 Date : 8-6-2011 W.P.No.10613/2009 Between : M/s.Sri Shiva Balaji Jaggery Rice and General Merchant, represented by its Proprietor Vanama Narasimha Rao, Ashwapuram village and mandal, Khammam District. .. Petitioner And The Prohibition and Excise Sub-Inspector, Prohibition and Excise Station, Kothagudem, Khammam District and others .. Respondents Counsel for petitioners: W.P.Nos.10613, 10615, 10620/2009: Sri A.Prabhakar Rao W.P.Nos.10726 and 10728/2009 : Sri Palli Nageswara Rao Counsel for respondents: W.P.No.10613/2009, 10620/2009 : A.G.P. for Prohibition & Excise for R.3, 4 & 6 None appeared for R.1, 2 and 5 W.P.No.10615/2009: None appeared for R.1, 2 and 7 A.G.P. for Prohibition & Excise for R-3 to 6 W.P.Nos.10726 and 10728/2009: A.G.P. for Prohibition & Excise for R.1 to 3 None appeared for R.4 to 7 The Court made the following: COMMON ORDER: These writ petitions are filed for a mandamus to declare the action of the respondents in not allowing the petitioners to carry on business of black jagerry and alum as illegal and arbitrary. The petitioners claim to be carrying on business in black jaggery and alum. It is alleged that the respondents have been continuously harassing them by frequently raiding their shops on the allegation that they have been carrying on unlawful activity of selling black jaggery and alum for the purpose of manufacture of illicitly distilled (ID) liquor. It is also alleged that even though the petitioners have been carrying on lawful business in sale of black jaggery and alum, which do not require either a licence nor is controlled by any control order, the respondents have been unduly interfering with their business activity. Along with the vacate stay petitions, the Superintendent, Prohibition & Excise, Kothagudem, filed separate counter-affidavits, wherein it is inter alia stated that except where there is specific information of the petitioners indulging in illegal business of selling black jaggery and alum for the purpose of illicit distillation, the respondents are not interfering with the lawful business activity of the petitioners. While it is true that sale of black jaggery and alum as such is not prohibited, wherever there is evidence of the traders indulging in sale of these articles for the purpose of illicit distillation, the respondents are certainly entitled to take action. However, in the guise of taking such action, the respondents cannot interfere with the lawful business of the petitioners. Subject to the above observations, the Writ Petitions are disposed of. As a sequel to disposal of these writ petitions, interim orders granted therein are vacated and the W.P.M.Ps. are accordingly disposed of. ________________________ Justice C.V. Nagarjuna Reddy Date : 8-6-2011 AM