IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION Nos. 14212, 14213 and 14214 of 2008 WRIT PETITION NO : 14212 of 2008 Between: M/s. Ferro Alloys Corporation Limited, situated at D.P. Nagar, Randia, Bhadrak District, State of Orissa, rep. by its authorised representative, S.Kesava Rao S/o.late S.Papa Rao, aged about 31 years, W.R.S. Colony, Raipur, State of Chattisgarh. ..... PETITIONER AND 1 The Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Hyderabad. 2 The State of Andhra Pradesh, rep. by Chief Principal Secretary, Revenue Department, Secretariat, Hyderabad. 3 The Deputy Commissioner of Prohibition and Excise, Visakhapatnam, Visakhapatnam District. 4 The Managing Director, The Chodavaram Cooperative Sugars Ltd., No.B, 1109, Govada, Chodavaram, Visakhapatnam District (A.P) 5 The Managing Director, Madhucon Sugar and Power Industries Limited, Rajeswarapuram, Ammagudem Post, Nelakondapalli Mandal, Khammam District. 6 The Managing Directr, Etikoppaka Cooperative Agricultural & Industrial Society Ltd., No.M.191, Etikoppaka, Visakhapatnam District. .....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 declaring the action of the respondents 1 to 3 in purporting to control the transportation/movement of molasses liquid from the sugar factories of respondents 4 to 6 to the place of the petitioner in the State of Orissa, is without authority of law and jurisdiction and direct the respondents 1 to 3 to forbear from obstructing the transportation of molasses liquid in tankers by road to the petitioner by the respondents 4 to 6 as per the import licence (N.O.C.) obtained by the petitioner in the State of Orissa and grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent Nos.1 to 3: GP FOR PROHIBITION & EXCISE Counsel for Respondent Nos. 4 to 6: None WRIT PETITION No. 14213 of 2008 Between: M/s Prabhat Gudakhu Factory, situated at Souraguda, Jeypore Post, Koraput District, State of Orissa, Rep by its Authorised Representative, Nityananda Sahoo,S/o. Satyabadi Sahoo, aged about 49, Ramachandrapur Bazar, Jatni, Khudra District, State of Orissa. ..... PETITIONER AND 1 The Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Hyderabad. 2 The State of Andhra Pradesh, Rep by Chief Principal Secretary, Revenue Department, Secretariat, Hyderabad. 3 The Deputy Commissioner of Prohibition and Excise, Visakhapatnam, Visakhapatnam District. 4 The Managing Director, The Chodavaram Co-operative Sugars Ltd., No.B 1109, Govada, Chodavaram, Visakhapatnam District(A.P.,) .....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 declaring the action of the respondents 1 to 3 in purporting to control the transportation/movement of molassess liquid from the sugar factory of the 4th respondent to the place of the petitioner in the State of Orissa, is without authority of law and jurisdiction and direct the respondents 1 to 3 to forbear from obstructing the transportation of molasses liquid in tankers by load to the petitioner by the 4th respondent as per the import licence(N.O.C.) Obtained by the petitioner in the State of Orissa and grant such other reliefs. Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent Nos.1 to 3: GP FOR PROHIBITION & EXCISE Counsel for the Respondent No. 4: None And WRIT PETITION No.14214 of 2008 Between: M/s. Balasore Alloys Limited, situated at Balgopalpur, Balasore District, State of Orissa, rep. by its Authorised Representative, Sushanta Kumar Swain S/o. Gobinda Chandra Swain, R/o. Madheepuda, Narasingpore, Cuttak district, State of Orissa. ..... PETITIONER AND 1 The Commissioner of Prohibition and Excersie, Government of Andhra Pradesh, Hyderabad. 2 The State of Andhra Pradesh, rep. by Chief Principal Secretary, Revenue Department, Secretariat, Hyderabad. 3 The Deputy Commissioner of Prohibition and Excise, Visakhapatnam, Visakhapatnam District. 4 The Managing Director, The Chodavaram Co-operative Sugars Ltd., No.B, 1109, Govada, Chodavaram, Visakhapatnam District (A.P.) .....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 declaring the action of the respondents 1 to 3 in purporting to control the transportation / movement of molasses liquid from the sugar factory of the 4th respondent to the place of the petitioner in the State of Orissa, is without authority of law and jurisdiction and direct the respondents 1 to 3 to forbear from obstructing the transportation of molasses liquid in tankers by road to the petitioner by the 4th respondent as per the import licence (N.O.C.) obtained by the petitioner in the State of Orissa and grant such other relief. Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent Nos.1 to 3: GP FOR PROHIBITION & EXCISE Counsel for the Respondent No.4: None The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION Nos. 14212,14213 and 14214 of 2008 COMMON ORDER: The petitioners in these writ petitions are aggrieved that the respondents 1 to 3 and their staff at the several check posts in the State are interfering and hindering the free transportation and movement of molasses, procured by the petitioners from the sugar factories of the party respondents, to different destinations in the State of Orissa, without any lawful authority. A Division Bench of this Court by the judgment dated 8.5.2001 in Writ Appeal No. 2209 of 1998 and batch, has declared the principle that after the repeal and rescission of the Molasses Control Order, 1961 by the Government of India there was no legal regime which enabled the control and regulation of the movement of Molasses, in particular, the movement of Molasses inter State. The Division Bench of this Court, in the judgment supra, has clearly held that the A.P. Excise Act, 1968 contains no provision inhering any power in any State Authority for regulating the trade and movement in Molasses. It is not the case of the State that subsequent to the judgment of the Division Bench of this Court referred to supra, there is conferment of power on any authority in the State by any statute enabling the regulation of the transport or trade in Molasses. Petitioners’ grievance is that without any authority or power, the 1st respondent has been till recently been issuing “No Objection Certificates” on representations made for grant of such Certificates, for transport of Molasses. Though the 1st respondent has discontinued this practice in view of recent orders of this Court, the authorities of the check post are not yet sensitized of the absence of power and continue to insist on production of “No Objection Certificate”, for extraneous reasons. The writ petitions are filed and appropriate reliefs sought, in the circumstances. After hearing the learned Government Pleader for Excise and the learned counsel for the petitioners and in the light of the undisputed factual and legal position, the writ petitions are disposed of directing the respondents 1 to 3 and any Officer or Officers functioning under the administrative control of these respondents to forbear from interfering with the transport by the petitioners of Molasses to destinations in the State of Orissa. There shall be no order as to costs. ____________________ GODA RAGHURAM,J DATE: 3rd July, 2008 Note: Furnish c.c. in three days B/o Pnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner of Prohibition and Excise, Government of Andhra Pradesh, Hyderabad. 2 The Chief Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Hyderabad. 3 The Deputy Commissioner of Prohibition and Excise, Visakhapatnam, Visakhapatnam District. 4 2 C.Cs. to the Govt. Pleader for Prohibition & Excise, High Court Buildings, Hyderabad. 5 2 C.D. copies