Toddy Co-operative Society vs Commissioner of Prohibition and Excise, Govt. of A.P., Hyderabad and Another

L. Narasimha Reddy, J.—The petitioner is a Toddy Tappers Co-operative Society functioning at Kondayapally Village, Doma Mandal, Ranga Reddy District. The licence of the said society was suspended in the year 2009 alleging that the toddy being sold by it was adulterated. The petitioner submitted a representation before the Commissioner of Prohibition and Excise, the first respondent herein, with a request to send the second sample left with it for analysis by an independent laboratory. The first respondent passed an order on 4.11.2010 directing that the second sample left with the petitioner be sent for analysis to an independent laboratory. However, he refused to interfere with the order of suspension. The petitioner submits, that the Chief Public Analyst, State Food Laboratory, Nacharam, submitted a report, dated 1.8.2011, after analyzing the second sample and recorded a finding to the effect that the said sample does not contain Chloral Hydrate, Diazepam, Alprazolam or Saccharine.

The petitioner made a representation on 12.7.2012 to the first respondent with a request to direct renewal of its licence. Its grievance is that no steps have been taken thereon.

Heard learned Counsel for the petitioner and learned Government Pleader for Prohibition and Excise appearing for the respondents.

The petitioner approached this Court on earlier occasions also, after its licence was suspended. The very term of the petitioner''s licence had expired on 30.9.2012. Earlier to that, its licence was under suspension.

The Excise policy contemplates renewal of licences unless any cases of adulteration of toddy are pending. The report, dated 1.8.2011, of the Chief Public Analyst, on the second sample is already available on record. The first respondent has to take the said report into account and decide whether or not to renew the petitioner''s licence. Since the members of the petitioner-society are tappers eking out their livelihood through their profession, the matter cannot brook any further delay.

Hence, the writ petition is disposed of, directing the first respondent to pass appropriate orders on the representation, dated 12.7.2012, of the petitioner within a period of four weeks from the date of receipt of a copy of this order, duly taking into account the report, dated 1.8.2011, of the Chief Public Analyst, State Food Laboratory, Nacharam. There shall be no order as to costs. As a sequel to disposal of the writ petition, WPMP No. 1085 of 2013 shall stand closed.