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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVAi(f€?^'^ (Special Original Jurisdiction) ' MONDAY, THE TWENTY FIRST DAY OF APRIL IX TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8486 OF 2Q2fi >: 0 Between: Dhanap!fram^Trc.S%°hanap!,ra“^^^^^^^^ SrTslthya°“ Sai District ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Princioal Sprrptan/ Prohibition Excise, Secretariat, Velagapudi, Guntur
“ prisff"s'tsr Prasadampadu, Currency Nagar Vijayawada Prohibition and Excise Officer The Deoartmpnt Prohibition and Excise Puttaparthi, Sri Sathya Sai District ^ Superintendent, The Department of Prohibition Puttaparthi, Sri Sathya Sai District rronioiiion
5. The Station House Officer, Prohibition and Excise The Sneriai Enforcement Bureau Hindupur, Sri Sathya Sai District ...Respondents of and Excise Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ Order or direction may more particularly one in on the part of Officials of activities of for managing group of Toddy Shops in Dhanapuram Area during subsistence of License dt.06.02.2023 for retail sale of toddy during License Period, nature of Writ of Mandamus declaring the action Respondent No.5 in interfering in day to day business Dhanapuram T.T.C.S, the License Holder, commencing from
% 01.11.2022 to 30.09.2027, as illegal, arbitrary, against principles of natural justice and consequently direct the Officials of SthRespondent to not to interfere in day to day business activities of Dhanapuram T.T.C.S, the ^ . . managing group of Toddy Shops in Dhanapuram Area Parigi Mandal, Sri Sathya Sai License Holder, for District during subsistence of License clt.06,02.2023 for retail sale of toddy during License Period lA NO: 1 OF 2()9fi Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the Officials of 5th Respondent day business activities of Dhanapuram to not to interfere in day to T.T.C.S, the License Holder managing group of Toddy Shops in Dhanapuram Area, Parigi Mandai Sathya Sai District during subsistence for .
Sri of License dt.06.02.2023 for retail sale of toddy during License Period Counsel for the Petitioner: SRI N Counsel for the Respondents No EXCISE The Court made the following: Order CHANDRA SEKHAR REDDY 1 to 5: GP FOR PROHIBITION AND
APHC010163352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) L' [3329] MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8486/2025 Between: E Narasimhappa ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.N CHANDRASEKHAR REDDY Counsel for the Respondent(S):
1. The Court made the following:
’T' ■ 2 % THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8486/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of officials of Respondent No. 5 in interfering In day to day business activities of Dhanapuram T.T.C.S., the License Holder for managing group of Toddy Shops In Dhanapuram Area during subsistence of License dated 06.02.2023 for retail sale of toddy during License Period commencing from 01.11.2022 to 30.09.2027 as illegal, arbitrary, against principles of natural justice and consequently direct the officials of 5'^ respondent not to Interfere In day to day business activities of Dhanapuram T.T.C.S., the License Holder for managing group of Toddy Shops In Dhanapuram Area, Parigi Mandal, Sri Sathya Sal District during subsistence of License dated 06.02.2023 for retail sale of toddy during License Period and pass such other order. ”
2. Heard the
learned counsel for the petitioner and the learned Government Pleader for the respondents.
3.
Learned counsel for the petitioner submits that the petitioner was granted license vide proceedings dated 06.02.2023 under the provisions of A.P. Excise (Grant of License to sell Toddy, Conditions of License and Tapping of Excise Tress) Rules, 2007, authorizing the petitioner for managing group of Toddy Shops in Dhanapuram Area for the period 2022-2027. While things stood thus, the 5**^ respondent is interfering with the petitioner’s business activities. Hence, the present Writ Petition. 3
4. Learned Government Pleader furnished the written instructions, wherein for the respondents it is stated as follows; 'It is further submitted that the allegation of the petitioner that on 20.03.2025, the officials of the S'" respondent have issued direction to him their license to relinquish on their own and if not, they would be implicated in criminal cases IS totally untrue and it is far fetched. It is submitted that the officials of the 5‘^ respondent never threatened the petitioner to their TCS license. Further, the 5^^ relinquish respondent and his staff never interfered in the day to day business activities of the petitioner’s TCS shops and in stead by watches they are conducting regular raids and route preventing unauthorized persons from doing Illegal tapping and any illegal business In Dhanapuram area thus safeguarding the business interests of the petitioner’s TCS shops. ”
5. Learned Government Pleader for the respondents further submits that for conducting regular checkups and compliances the respondents visited the statutory premises of the petitioner. But for any other purose, the the business activities of the petitioner. 6. Having regard to the submissions counsel for the petitioner and the learned the respondents and respondents would not interfere with made by the learned Government Pleader for on record, this of the Writ Petition directing on perusal of the material placed Court deems it appropriate to dispose
4 the respondents not to interfere with the petitioner’s business activities without following due process of law. 7. With the above direction the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. //TRUE COPY// section OFF'CER To
1. The Principal Secretary, State of Andhra Pradesh, Department of Prohibition Excise, Secretariat, Velagapudi, Guntur District
2. The Commissioner of Prohibition and Excise 88-2B, Department of Prohibition and Excise, Kollafarum Road, SER Center, Prasadampadu, Currency Nagar, Vijayawada
3.
The District Prohibition and Excise Officer, The Department of Prohibition and Excise Puttaparthi, Sri Sathya Sai District
4. The Excise Superintendent, The Department of Prohibition and Excise Puttaparthi, Sri Sathya Sai District
5. The Station House Officer, Prohibition and Excise The Special Enforcement Bureau Hindupur, Sri Sathya Sai District
6. One CC to SRI N CHANDRA SEKHAR REDDY Advocate [OPUC]
7. Two CCs to GP FOR PROHIBITION AND EXCISE, High Court of Andhra Pradesh [OUT]
8. Three CD Copies gsg
&> HIGH COURT DATED: 21/04/2025
ORDER WP.No.8486 of 2025 ! DISPOSING THE WP WITHOUT COSTS