Ayyag v. The State of Telano

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, or order or Direction, more particularly one in the nature of wRlr oF MANDAMUS, declaring the action of the respondents in not considering the representations of the petitioner dated .19.3.2025 for conducting the Toddy tapping test and to sell the toddy raised in petitioner's agricultural land in an extent of Ac. 1-20 guntas in Sy.No.5'llA2, situated at Shabashpally Village, Shivampet Mandal, Medak District, as is illegal, arbitrary and contrary to Rule 5 (a) (iii) of the T.S. Excise (Grant of Licence to sefl Toddy conditions of Licence and rapping Excise Trees) Rules, 2007 and also in violation of Article 14, 21 of the constitution of rndia and consequenfly direct the respondents to conduct the tapping test to the petitioner. tA NO: 1 oF 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents to conduct the tapping test by considering the repres6ntations of the petitioner dated 19.3.2025 and to seil the toddy raised in petitioneds agriculturar rand in an extent of Ac.1-20 guntas in Sy.No.s1 /A2, situated at Shabashpally Village, Shivampet Mandal, Medak District, pending disposal of the main Writ petition. Counsel for the Petitioner: SRI G.ARUN KUMAR counsel for the Respondent No.1 to 4: Gp FoR pRoHrBrroN ExcrsE Counsel for the Respondent No.5: Gp FOR REVENUE Counsel forthe Respondent No.6: Gp FOR HOME The Court made the following: ORDER THE HON'BLE SRI WSTICE T. VINOD KUMAR Writ Petition No. 1O3O5 of 2O25 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Prohibition ald Excise appearing for respondent Nos.l to 4, learned Government pleader for Revenue appearing for respondent No.S and learned Government pleader for Home appearing for respondent No.6, and with the consent of the Iearned counsel appearing for the parties, the Writ petition is tal<en up for hearing ald disposal at the admission stage. 2- Shorn of unnecessary details, the case of the petitioner, in brief, is that he had approached the respondents-authorities and \ \ submitted representation dt.19.O3.2O25 requesting to conduct toddy tapping test for granting TFT licence enabling him to undertake tapping the toddy trees planted by him in his agricultural land; and that in spite of the petitioner submittiag the aforesaid repres'entation, the same is not being considered, which action of the respondents-authorities it is contended as highly illegal and arbitrary.

3. When the matter is taken up for hearing, learned counsel for the petitioner and learned Government Pleader for Proh. & Excise appearing for the respective respondents, submit that the issue z involved in the Writ Petition is squarely covered by a decision of this Court in WP.No.10172 of 2025, dt'O4'O4'2O25' and the said order would apply in all force to the facts of the present case' Recording the same, for reasons alike as were stated in th'e aforesaid Writ Petition, uide W.P.No'10172 of 2025, dt'O4 'O4 '2025 ' and in terms thereof, the present Writ Petition is also disposed of' No order as to costs.

5. Registry is directed to append a copy of the order passed in W.P.No.1O172 of 2025, dt.O4.O4-2O25, to this order'

6. Miscellaneous petitions, if any, pending in this writ petitlon shall stand closed. /ITRUE COPY// SD/.T. JAYASREE DEPUTY REGISTRAR 1 r\,' SECTION OYFTCER To, ' Il:"1,'il1?:3i"?f si iSlhJ# ibition and. Excise Department' Secretariat' HYderabad' Prohibition and Excise, Apkari Bhavan' Nampally' 2. The Commissioner' 3 The Deputy Commissioner of Prohibition and Excise, Medak Division' trledak The D'rstrict Prohibition and Excise Officer (FAC)' Medak District' Medak' District. 4 5. The Collector, Medak District' at Medak

6. The station House Officer, Prohibition and Excise, Narsapur, Medak District. 7. One CC to SRI G.ARUN KUMAR, Advocate [OPUC]- 8. Two CCs to GP FOR PROHIBITION EXCISE, High court for the Statei of Telangana at HYderabad [OUT] g.TwoCCstoGPFoRHoME,HighCourtfortheStateofTelanganaat Hyderabad [OUT] 1o.Two CCs to GP FoR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

11.Two CD CoPies (Alongwiththecopyoforderdated04.04.2025,inW.P.No.10172of2025| BSR ., LS I'}- HIGH COURT DATED:0710412025 \ ORDER WP.No.10305 of 2025 1 E l-rr ,/ "s s il ,.{ r.'i\ (-) .1 \.i DISPOSING OF THE WRIT PETITION, WITHOUT COSTS (, "dil X* =-,, ORDER THE HON'BLE SRT JUSTICE T. VTNOD KUMAR w nNo.1 OL72of 2025 Heard learned counsel for the petitioner, learned Governmert Pleader for Prohibition and Excise appearing for respondent Nos.1 to 4, learned Government pleader for Revenue appearing for respondent No.5 and learned Government pleader for Home appearing for respondent No.6, and with the consent of the learned counsel appearing for the parties, the writ petition is taken up for hearing and disposar at the admission stage.

2. Shorn of unnecessary details, the case of the petitioner, in brief, is that he had approached the respondents-authorities and submitted representation dt.19.03.2025 requesting to conduct toddy tapping test for granting TFT licence enabling him to undertake tapping the toddy tress planted by him in his agriculturar rand; and that in spite of the petitioner submitting the aforesaid representation, the same is not being considered, which action of the respondents-authorities it is contended as highly illegal and arbitrary.

3. per contra, learned Government pleader for prohibition and Excise appearing on behalf of respondent Nos.l to 4 submits that based on the representation submitted by the petitioner earlier on ZL.OS.ZO24, tapping 2 test was conducted, wherein the petitioner was not successful and as such, the authorities did not grant him TFT licence.

4. Learned Government Pleader would further submit that the authorities are likely to conduct TFT test to various applicants in the coming three to four weeks, wherein even the petitioner would be provided an opportunity to take part.

5. Learned Government Pleader would fufther submit that on the petitioner clearing the tapping test, the authorities would grant him TFT licence.

6. The aforesaid submission made by the learned Government Pleader is taken on record. 7 . Having regard to the submissions made as above, since, it is now informed to the Court that the authorities are likely to conduct TFT test to various applicants in the coming three to four week, this Court is of the view that the respondents-authorities, while undertaking the tapping test should also consider the name of the petitioner, and on petitioner taking part in tapping test and qualiffing therein, the authorities shall grant Iicence to the petitioner.

8. Subject to above observation, the Writ Petition is disposed of. No order as to costs. 3

9. Miscellaneous petitions, iF any, pending in this writ petition shall stand closed. Date:04.04.2025 GJ T. VINOD KUMA&J