HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.31168 of 2010 Date:10.12.2010 Between : M/s. Durga Bhavani Traders, rep., by its Proprietor Oruganti Hymavathi .. Petitioner And The Station House Officer, Proh. And Excise Station, Jaggaiahpet, Krishna District And another .. Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.31168 of 2010 ORDER: Heard learned counsel for the petitioner and learned Government Pleader for Excise appearing respondents. At the request of learned Government Pleader for Excise, the matter is disposed of at the stage of admission. In this writ petition, the petitioner is seeking a direction by way of mandamus to declare the action of the respondents in interfering with his business in black jaggery and alam, which is being run under valid licence and also seizure of such material even on production of bills and way bills, as illegal and arbitrary. In the affidavit filed in support of the petition, it is stated that the petitioner is a trader doing business in premises bearing No.9-76, situated at Thota Bazar, Jaggaiahpet, Krishna District. It is stated that he is also licensee for payment of the Value Added Tax. It is further stated that he used to purchase black jaggery and alam from the wholesale traders and doing business by selling the same under valid bills. The grievance of the petitioner is that though he is doing business in black jaggery and alam under valid licence, which is not an offence, the respondents are interfering with his business. So far as black jaggery and alam are concerned, if they are not used for the purpose of illicit liquor, the respondents cannot interfere with the same. Unless a case is registered against the petitioner alleging that it is indulged in the manufacture of illicit liquor, or supply of such material for the manufacture of illicit liquor, no interference is called upon. In the facts and circumstances of the case, as no cases are registered against the petitioner, I deem it appropriate to dispose of the writ petition with a direction to the respondents not to interfere with the business of the petitioner. It is, however, made clear that if the petitioner is indulging in the manufacture of illicit liquor, this order does not preclude the respondents from taking steps in accordance with law. With the above observations and directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 10th December 2010 Note:- Issue C.C. in one week. (B/o) KH