On Monday, the High Court disposed of a writ petition challenging the suspension of a toddy shop license due to alleged adulteration. Relying on a same-day earlier order in W.P.No.32334 of 2023 on same facts, the Court declined to interfere, noting the petitioner has a statutory remedy of appeal.
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.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 35113 OF 2023
Between:
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying thatin the circumstances stated in the affidavit filed therewith, the High Courtmay be pleased to issue a Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring theproceedings of 3rd respondentvide No. Cr.No.B4l121'1 12017, daled 22.12,2023, suspending thelicensefor retail sale of Toddy of Turabnagar Shop license of thepetitioner's toddy shop,Turabnagaron the ground of adulteration of toddy as illegal, arbitrary, unreasonablewithout following the principles of naturaljustice and contrary to the Provisionsof TS Excise Act, 1968 and set aside the same.
lA NO: 1 OF 2023
Petition under section151 CPC praying that in the circumstances statedin the affidavitfiled in supportof the petition,the Highcourt maybe pleased to' suspend theproceedings issuedby 3rd respondent videcr.No.B4l121112017, dated 22.12.2023
Counsel for thePetitioners: SRI N.VISHAL
Counsel for theRespondents:GP FORPROHlBlTfOrutXcfse
The Court madethe following:ORDER
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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No .35113 of2o23
ORDER:
When the matter is taken up for hearing, learned counsel for the respective parties submitted that the issue raised in this writ petition is squarely covered by the order passed by this Court in W.p.No.32334 of 2023, d.ated, 11.12.2023 and therefore, the present writ petition may be disposed of in terms of the said order.
3 As a sequel, miscellaneous petitions pending, if aly,
shall stand closed.
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SD/.T. JAYA$REE ASSTSTANT REGIgTRAR .i /
SECTION OFFICER
(Along with a copy of Order, dated 11-12-2023 in W.P.No.32334 ot 2023) BSK
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DATED:0210112024
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ORDER
WP.No.35113 ot 2023
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DISPOSING OF THE WRITPETITION WITHOUT COSTS
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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY UIRIT PETITIONNo.32334 of 2o.23 ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the following relief:
.',,. to lsBrrb a rri,at, arail dl tiirecldhi iribie pdrtibnlarli, oire iti fh6 , trature bI Writ of tuahddditie" ut"ii;6 tr-r" p.UC"ahi,-rg" oi iebpohnbrrt r{ro,s; r,iiie iro.cr.tru,ijit?+ 67iiis1ov a bo'1ir) aut.J l6:1l.2Ola, srtdpeddiag the ltehcC ibr tEtail sate of t'oddy of, kd-uilki.rta Shop "ence tii the petitio.rer,s tod j, shop, ko-aiit-untajrr the grourid of iiairtierutton of toddJ,, ab il[egal, arLitrury, urrreas6nable Mthorrt ruffokiirg the pdnciptes of ,ut,i."t jriblicA arrd .cdntra-ry to the flrcit{llons of the Telahgana Stare E)tbisc Acl. t968 and set aslde the grir..,
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authorities concerned, conducted a raid and thereafter samples were sent for chemical examination. On enquiry, it is revealed that the toddy was adulterated and the same was seized in empty bottles and requested to take appropriate action for registration of crime. Acting on the said complaint, a case in Crime No.305 of 2023 on the h1e of Habeebnagar police Station, Hyderabad, has been registered for the offence punishable under Section 37 (a) of the Telangana State trxcise Act, 196g (for short, ,the Act, 196gJ. Thereafter, it was alleged that samples were sent for chemical analysis to State Forensic Science Laboratories vide File No.NAR/ 1086 /2023, dated 09. 1 1 .2023, and after testing the said samples, it was found that the said samples contained "Alprazolam", a psychotropic substance along with Ethyl Alcohol, which are prohibited for humal consumption. Therefore, acting on the said reports, a show-cause notice was issued in proceedings Cr.No.B2 / 7 40 / 2023 / DpeEO (H), dated 16. I t.2O23, suspending licence No. 11, dated 03.O2.2O1S, of Toddy Shop at Komatikunta at premises bearing No. l l-1_12O6 and, l2OZ, Komatikunta, Hyderabad.
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Licence No.13, which is valid upto 30.09.2027, is suspended on the ground of Adulteration of Toddy with Alprazolam', which is injurious to health and contrary to Rule 16 of the Telangana State Excise (Grant of Licence to Sell Toddy, Conditions of licence and tapping of Excise Trees) Rules, 2OO7 (for short, 'the Rules, 2O07J and punishable under Section 8 (c) read with 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985,
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cause to suspect any such article. Contrary to the said Rules, 1972 tine Sub Inspector of Police is not authorized to conduct any search or seizure since the Officer concerned is not having any power and therefore, the impugned order of suspension is liable to be set aside on the ground ofnot having jurisdiction.
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Co-operative Society, Maddur v. Superintendent of Excise, Mahaboobnagarr, wherein this Court held thus:
"45. However, we must make it clear that this incidental or ancillary powers cannot be exercised in a routine way or as a matter of course. The licensing authority is bound to exercise the discretion reasonably, bona-hde and without negligence considerilg the circumstances of the case when such intension suspension is necessarJr. If it is possible to give an opportunity to the petitioner and the circumstances do not warrant such a drastic step, the licensing authority is bound to afford an opportunity and the power of suspension pending enquiry should not be exercised as an invariable rule or mode of making an enquiry. Further the suspension pending the enquiry should not be allowed to continue for an unduly long period. The authorities are bound to complete the enquiry as early as possible and any undue delay when it constitutes abuse of power makes the order liable to be set side. Whether the suspension of licence must be preceded by notice or opportunity must depend upon various factors such as, degree of urgency involved, the duration of suspension, the nature of the breach, public damage to be avoided, and other similar circumstances which warrant an immediate action where it is not feasible or possible or even advisable to give an opportunity to the holders of the licences before passing interirn orders of suspen sion."
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havingjurisdiction under Rule 3 (3) of the Rules, 1972 framed tn G.O.Ms.No. 1094, Revenue, dated 29.09. 1972, and since the petitioner is having statutory remedy of appeal under Section 63 (1) of the Act, 1968, the Writ Petition is disposed of relegating the petitioner to file an appeal/revision, as may be available, under the provisions of the Act, 1968 and in case the petitioners files any appeal/ revision, the same shall be disposed of by the competent authority, within a period of four (4) weeks from the date of hling of such appeal/revision. The impugned proceedings issued by respondent No.3 vide Cr.lIo.B2l74O/2023lDP & EO (H), dated 16.11.2023, are suspended for a period of two (2) weeks to enable the petitioners to hle an appeal/revision before the competent authority. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
JUSTICE C.V.BHASI(AR REDDY
Date:.Ll.L2.2o23 Note: Issue C.C.by tomorrow (B/o) WL
2 issues framed by the court
Whether a police Sub-Inspector possessed jurisdiction to register a crime and seize samples leading to the suspension of a toddy shop license.
Whether the High Court may issue a writ of mandamus to set aside a license suspension order issued by an inferior officer without going into the merits or available statutory remedies.
Colour shows how this judgement treated each authority
Co-operative Society, Maddur v. Superintendent of Excise, MahaboobnagarExplained¶87
Co-operative Society, Maddur v. Superintendent of Excise, Mahaboobnagar
W.p.No.32334 of 2023, d.ated, 11.12.2023Followed¶26
2 provisions across 2 enactments
Toddy Tappers Cooperative Society (TICS), Turabnagar
P. Rajashekar Goud
The State of Telangana
The Commissioner, Prohibition and Excise
The District Prohibition and Excise Officer, Secunderabad
The Station House Officer, Kachiguda, Hyderabad
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
