IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TEN PRESENT:
THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.14267 of 2010 Between:
M/s.Santosh Kirana, Jaggery and General, rep. by its Proprietor Chidirala Narasimha Swamy ... PETITIONER a n d The Station House Officer, Prohibition and Excise, Husnabad, Karimnagar District and another … RESPONDENTS ORDER:
This writ petition has been filed by M/s.Santosh Kirana, Jaggery and General, represented by its Proprietor Chidirala Narasimha Swamy with a prayer to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in interfering with its business as arbitrary and illegal.
2. The petitioner has been carrying on the business in Black Jaggery and Alum on the basis of the certificate issued by the Assistant Commercial Tax Officer, Karimnagar-II Circle, Karimnagar Division. It is the version of the petitioner that it has been carrying on the business in Black Jaggery and Alum under valid certificate, but the respondents are interfering with its business activities causing much inconvenience to it. It is also the version of the petitioner that there is no prohibition of sale, purchase or transportation of Black Jaggery and Alum.
3. When the writ petition is taken up for admission, learned Assistant Government Pleader for Prohibition and Excise takes notice on behalf of the respondents 1 and 2.
4. Heard the learned counsel appearing for the parties.
5. Learned counsel for the petitioner submits that the petitioner is holding valid licence to carry on the business of Black Jaggery and Alum and therefore, frequent interference of the respondents in the business is causing much prejudice to it.
6. Learned Assistant Government Pleader submits that a Full Bench of this Court in Ganesh Traders Dharmpuri, Karimnagar v. District Collector[1] has held that black jaggery when it is reasonably found to be meant for manufacture of I.D. liquor is liable to be seized by the Excise Officials.
7. So long as the petitioner carries on the business in accordance with the permit, the respondents cannot interfere with its legal business. Once the petitioner contravenes the permission granted to it and diverts the Black Jaggery and Alum for the purpose of preparing illicit liquor, the respondents have got every right to take action against the petitioner, in accordance with the provisions of law.
8. With the above observation, this writ petition is disposed of at the admission stage. There shall be no order as to costs.
B. SESHASAYANA REDDY, J June 22, 2010.
PN
THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.14267 of 2010 June 22, 2010
[1] 2002(1) ALD 210