HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 27510 OF 2010 DATED 3rd December, 2014.
BETWEEN Sri Katamaiah TCS Toddy Shop, Gudur Rep. by its President E.Ramkrishna Goud ….Petitioner And The Commissioner, Prohibition and Excise, Government of AP, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 27510 OF 2008
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for the respondents.
The petitioner is a Toddy Co-operative Society. On 02.03.2009 the third respondent issued orders in proceedings dated 02.03.2009 suspending the licence of the petitioner stating that on 27.02.2010 at about 10.10 AM the Deputy Superintendent of Police, Inspector of Police, Prohibition and Excise Sub Inspector, Hyderabad along with staff and mediators inspected petitioner-toddy shop and found that one Ediga Suresh was conducting the toddy sales with 168 bottles of full of toddy in 7 wooden crates and another two wooden crates empty and that the toddy was mixed with Chloral Hydrate. The petitioner submitted its explanation expressing its ignorance about the instance and the third respondent after considering the explanation cancelled the licence of the petitioner by proceedings dated 16.03.2009. The petitioner preferred an appeal against the said order of the third respondent before the second respondent, who confirmed the same by proceedings dated 05.08.2009. Challenging the same, the present Writ Petition was filed.
A perusal of the order of the third respondent indicates that toddy licence issued in favour of the petitioner was valid up to 30.09.2012 and in view of expiry of the lease, the orders passed by the first and second respondent 2 and 3 were worked out and in view thereof, no further orders need be passed in the Writ petition.
The Writ Petition is therefore closed. However, this order will not preclude the petitioner from obtaining fresh licence, as per rules, if it (the petitioner) is otherwise eligible.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 3rd December, 2014. Msnrx