IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9065 of 2009 Between: The Toddy Tapers Cooperative Society, Kothakota village and Mandal,Mahabubnagar District,rep.by its newly elected President K.Shiva Kumar Goud, S/o.Ramulu Goud aged about 28 years,Occ:Taper R/o.H.No.17-129/1, NTR colony Kothakota village & mandal, Mahabubnagar district ..... PETITIONER AND 1 The Commissioner, Prohibition & Excise, Govt. of AP Hyderabad 2 The Prohibition and Excise Superintendent, Gadwal Mahabubnagar 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 an order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not considering the request of the petitioner society for continuation of its toddy shop licenses at Kothakota village and Mandal, Mahabubnagar district as required under Rule 39 of AP Excise (Grant of License to sell toddy conditions of license and taping of excise trees) Rules, 2007 as issued by the Government under.G.O.Ms.No.1228 dated 19.9.2007 as illegal, unlawful contrary to law and consequently direct the respondents to restore all the licenses of the petitioner society forthwith under the above statutory rules. Counsel for the Petitioner: MR.M.DAMODAR REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.9065 of 2009 Order: The petitioner is a Toddy Tapers Cooperative Society, which has toddy shop licence valid from 01.10.2007 to 30.09.2012. While so, it is the case of the petitioner that the Prohibition and Excise Superintendent, Gadwal, the second respondent, issued proceedings, dated 03.11.2008, cancelling its licence on the ground that it is selling the toddy adulterated with Chloral Hydrate. The petitioner states that as the alleged adulteration against it is for the first time, the newly elected Managing Committee submitted a representation, dated 05.11.2008, to the second respondent to permit the Society to conduct sales of toddy, as per G.O.Ms.No.1228, dated 19.09.2007. Thereafter, the second respondent submitted his report, dated 10.11.2008, to the first respondent. However, till date, the first respondent has not taken any action thereon. Hence, the present writ petition. When the matter is taken up for hearing, the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise appearing for the respondents agreed to dispose of the writ petition with a direction to the respondents to consider the representation made by the petitioner-Society on 05.11.2008. In view of the agreed stand taken by the learned counsel appearing for both the parties, the writ petition is disposed of directing the first respondent to consider the representation made by the petitioner-Society on 05.11.2008, in the light of the report submitted by the second respondent, dated 10.11.2008, and pass appropriate orders thereon in accordance with law, expeditiously. No costs. ___________________ N.V. RAMANA, J. Date:29.04.2009 VGB