IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE THIRD DAY OF JUNE, TWO THOUSAND TEN WRIT PETITION No.21643 OF 2009 Between: M/s.Sri Laxmi Prasanna Super Market, Rept., by its Proprietor-Sri J.Madhava Rao, S/o. Venkateswar Rao, 28 yrs, H.No.1-129, Main road, Kallur, KhammamDistrict. … Petitioner And The Station House Officer, Prohibition and Excise, Sattupally, Khammam District and others. … Respondents Counsel for the petitioner: Sri Palle Nageswar Rao. Counsel for the respondents: AGP for Prohibition & Excise for R.1. None for R.2 and R.3. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the action of the respondents in harassing the petitioner by interfering with his business of black jaggery and alum, as illegal and arbitrary. In his affidavit, the petitioner has stated that he is running a super market under the registration certificate obtained from the Assistant Commercial Tax Officer, Sattupally; that as a part of his business activity he is selling black jaggery and alum; and that he is not involved in manufacture of illicit liquor or he is selling black jaggery and alum for the purpose of illicit distillation of such liquor. The petitioner averred that in Writ Petition No.18378 of 2007 this Court, by order dated 13-8-2007, held that carrying on business in black jaggery per se does not constitute any illegality. The petitioner also placed reliance on Circular, dated 22-12-2001, issued by the Commissioner of Prohibition and Excise, wherein he has instructed his subordinate officers not to harass the persons carrying on business in black jaggery and alum without there being any evidence of their involvement in illegal activity of manufacture of I.D. liquor. No counter-affidavit is filed on behalf of the respondents. At the hearing, the learned Assistant Government Pleader for Prohibition and Excise, on written instructions, submitted that the respondents are not interfering with the business of the petitioner in black jaggery and alum. The respondents did not dispute the fact that this Court held in Writ Petition No.18378 of 2007 that the activity of sale of black jaggery and alum is not prohibited and that unless the persons, who are involved in such sale, indulge in using the said material for illegal purposes, such as manufacture of I.D. liquor, their activity cannot be interfered with. Therefore, the respondents cannot interfere with the business of sale of the said goods by the petitioner so long as he is not found involved in using the same for manufacture of I.D. liquor. Subject to the above observation, the Writ Petition is disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:03-6-2010 MNR