APHC010057462026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3431 OF 2026 Between: 1. T. SIVA KUMAR, S/o T. Hanumappa, aged about 45 years, residents of Kammuru (V), Kudair (M), Anantapuramu District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Prohibition Excise Department, Secretariat, Velagapudi, Amaravathi, Guntur District. A.P. 2. The District Collector, Anantapur District, Anantapur. 3. The Superintendent of Police, Prohibition and Excise, Anantapuramu, Anantapur District. 4. The Tahsildar, Kuderu Mandal, Anantapuram District. 5. The Station House Officer, Kuderu PS, Anantapur District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent Nos.4 and 5 interfering the toddy tapping activity of the petitioners Excise trees Palm (Toddy) situated in the Sy.Nos.481, 482, an extent of Ac.5-00 Kammuru village, Kuderu Mandal, Anantapuram District is illegal, arbitrary, against law and violation of 2 Excise Act, and consequentially direct the respondents not to disturb the toddy tapping of the petitioners possession and enjoyment in the above petition schedule and pass such other orders. IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent Nos.4 and 5 not to interfere toddy tapping activity of the petitioner’s Excise trees Palm (Toddy) situated in the Sy.Nos.481, 482, an extent of Ac.5-00 Kammuru village, Kuderu Mandal, Anantapuram District pending disposal of the writ Petition and pass such other orders. Counsel for the Petitioner: INENI VENKATA PRASAD Counsel for the Respondents: GP FOR PROHIBITION EXCISE Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.3431 of 2026 ORDER:- The present writ petition is filed under Article 226 of the Constitution of India for the following relief/s: “…to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent Nos.4 and 5 interfering the toddy tapping activity of the petitioners Excise trees Palm (Toddy) situated in the Sy.Nos.481, 482, an extent of Ac.5-00 Kammuru village, Kuderu Mandal, Anantapuram District is illegal, arbitrary, against law and violation of Excise Act, and consequentially direct the respondents not to disturb the toddy tapping of the petitioners possession and enjoyment in the above petition schedule and pass…” 2. Heard Sri I.Venkata Prasad, learned counsel for petitioner and learned Assistant Government Pleader for Proh. & Excise, learned Assistant Government Pleader for Home and learned Assistant Government Pleader for Revenue. 3. The Learned counsel for the petitioner would submit that the writ petitioner is a toddy tapper and small farmer and having land in Survey No.482 to an extent of Ac.2.00 adjacent to vanka and vanka is situated in Survey No.481 to an extent of Ac.5.00 adjacent to the petitioner’s land and petitioner is tapping toddy and obtained permission from the 4 concerned respondents. Earlier an attempt was made to interfere about 5 years ago, a panchayat was held through elders, and it is pacified. 4. In view of the interference, the petitioner filed the present writ petition to declare the action of the respondent Nos.4 and 5 in interfering with toddy tapping activity of the petitioner’s Excise trees Palm (Toddy) situated in the Sy.Nos.481, 482, an extent of Ac.5-00 Kammuru village, Kuderu Mandal is illegal, arbitrary and against law, consequently prayed to direct the respondents not to disturb the toddy tapping of the petitioner’s possession and enjoyment in the petition schedule. 5. The 5th respondent/Station House Officer has filed instructions indicate that the interference of police is only upon receipt of a complaint or information disclosing a cognizable offence. In the present case, the 5th respondent has not received any complaint, no complaint has been lodged and no crime/offence was registered in respect of the subject land or toddy trees. 6. In the written instructions it is stated by the 5th respondent/Station House Officer that they are not interfering with the petitioner’s toddy tapping activity. Hence, the present writ petition is disposed of, directing the respondents, if at all they are intended to initiate any action by following due process of law. 5 7. With the above said directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 23.02.2026 RMR 6 61 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No:3431 OF 2026 Date: 23.02.2026 RMR