Court dismissed petition challenging suspension of toddy shop license due to alleged adulteration with Alprazolam, directing petitioner to file statutory appeal under Excise Act instead of granting interim relief.
Petitioner directed to file appeal/revision under Section 63(1) from competent authority within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[31831
HIGH COURT FOR THESTATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE FIFTH DAYOF JUNE TWO THOUSAND ANDTWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICEB.VIJAYSENREDDY
WRIT PETITION NO:11773 OF 2024
Between:
Toddy Tappers CooperativeSociety LTICS)rD.omalgudg--2, Represented by iiiFiesio6ht, T. ShiikarGoud s/o. i.Kashaiah Goud,Age.63Years, occ Alsiness, nyo. H. tto.1-2-366t10,Domalguda, Banda Nagar, Himayathnagar' HYderabad'
...PETrroNER
AND
...RESPONDENTS
Petition under Article226 of the constitutionof lndiapraying that in the circumstances stated inthe affidavitfiled therewith,the High courtmay be pleased to issue an order or directionmore particularlyone in the nature of writ of mandamus or any otherappropriatewrit declaring the proceedings issuedby the respondent No. 3vide cr. No. B1l1212t2O17lDPand Eo (s), daled 25-04-2024' suspending the licenseof retail sale of Toddyof Domalgida- 2 shop licenseof the petitioner's society, without waitingfor the period shown in the show causenotice, and on the samedate of issuanceof the show cause notice, is nothing but arbitrary, illegal, nulland void and violativeof principles of natural justice and also violative of Articles14, 19 and 21 of the Constitutionof lndia and also contraryto the provisions of TSExcise Act, 1968and set aside the same'
lA NO: 1 OF 2024
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 suspend . the proceedings issued by the respondent No. 3 vide Cr. No. 81 I 121 212017lDP&E0 (S), dated 25-04-2024.
Counsel for the Petitioner: SRI K.VENUMADHAV Counsel for the Respondent Nos.1 TO 3: Gp FOR PROHIBITION EXCISE Counsel for the Respondent No.4: Gp FOR HOME
The Court made the following: ORDER
HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.11773 OF 2024
ORDER: (ORAL)
This writ petition is filed challenging the order passed by respondent No.3 - District Prohibition and Excise Officer, Secunderabad, vide proceedings in Crime
No.811121212017/DP&EO(S) dated 25.04.2024, whereby the licence of the petitioner Society was suspended.
2
BVR.J W.P.No. I 1773 2024
I
;7
)
BVR,J W.P.No. I 1773 202.1
Hyderabad, by securing two panchas; on credible information about sale of adulterated toddy in the above address, the officials entered into the toddy shop and found one person by name T. Shekar Goud, the President of the petitioner Society, conducting business vrde licence No.13 dated 13.01.2015 and seized six toddy bottles of 3.9 litres (each bottle containing 650 ml) and sent the samples to Telangana State Forensic Science Laboratory(TSFSL) for further investigation.
4
1
BVR.J W.P.No.l1773 2024
,....^
5
BVR.J W.P.No,I t77l 2024
date of filing of such appeal/revision, without being influenced by any of the observations made in this order. The petitioner is entiiled to raise all legal issues including the competence of the law and order police in conducting raid, investigation, collection of samples, registration of crime etc., under the provisions of the Excise Act, 1g68, before the competent authority. The petitioner is also given liberty to file stay application before the competent authority. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending
in the writ petition stand closed.
sD/- P.cowRrstreru KAR ASSISTANT RE6ISTRAR
//TRUE COPY//
SECTION oFFICER
CC TODAY
HIGH COURT
DATED:0 510612024
ORDER
WP.No.11773 ot 2024
e 1HE s 14 ).G.
(
($
oo 0 6 JLiN 204
(
,.o
.{
ro
DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
r\t\21
3 issues framed by the court
Whether proceedings initiated by law and order police for adulteration of toddy are maintainable and natural justice violated
Whether High Court should grant interim suspension without exhausting statutory remedy under Section 63(1) of the Excise Act
Whether allegations of involving psychotropic substances preclude interference under Article 226
Colour shows how this judgement treated each authority
W.P.No.33139 of 2023 dated 11.12.2023Referred¶26
6 provisions across 4 enactments
Toddy Tappers Cooperative Society
State of Telangana
B. Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
B. Vijaysen Reddy
Parties & counsel
