IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.NO.28862 OF 2009.
Date:21.01.2010 Between:-
The Toddy Tapers Cooperative Society, Venkatapur village, Sadasivpet Mandal, Medak District, rep.by its President, Vittal Goud.
..Petitioner And The Prohibition and Excise Superintendent, Sangareddy, Medak District.
.. Respondent ORDER:-
This Court ordered notice before admission on 31.12.2009 and also made the following order:
“Notice before admission.
Learned Government Pleader shall get instructions.
Till the report from the second analyst is received, no final orders shall be passed.
Post after vacation.”
2. This matter is coming up for admission.
3 The writ petition is filed seeking a writ of mandamus to declare the action of the respondent in issuing show cause notice dated 10.12.2009 in file Cr.No.B2/302/2009 for cancellation of the licenses of Shop Nos.1 and 2 of TCS, Venkatapur village, Sangareddy Mandal, Medak District even before the receipt of the report from the Independent Lab as referred by the respondent as per the orders passed by the Hon’ble High Court in W.P.No.25610/2009, dated 25-11-2009 and even before conclusion of the proceeding against the Toddy Depot of the petitioner Society as illegal, unlawful, contrary to law and against the Section 31(2) of the A.P.Excise Act, and consequently, to direct the respondent to await his action against the shop Nos.1 and 2 of petitioner society only after receipt of the report from the Independent Lab and after completion of the proceeding against the Toddy Depot, and pass such other suitable orders.
4. Several facts had been narrated in the affidavit filed in support of the writ petition. Inasmuch as a direction had been given by this Court on 31-12-2009, till the report of the second analyst is received, no final order shall be passed.
5. In the light of the same, the writ petition is disposed of accordingly. There shall be no order as to costs.
P.S.NARAYANA, J 21st January, 2010 AMD