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Judgment
The W.P.No.19544 of 2026 is filed seeking the following relief:
...to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus (i) declaring the action of the Respondents 1 to 4 in not stopping the supplies of Toddy, by cancelling/suspending licence bearing No.16 dt:18/03/2015, to the Respondent Nos.5 and 6 to the Toddy shop with License bearing No.16 dt:18/03/2015, in land covered by Sy.No.74/10 situated at East Marredpally, Mahendra Hills Secunderabad, as illegal and arbitrary; (ii) declaring the action of the Respondents 1 to 4 in not ordering closure of the Toddy shop which is being run by Respondent Nos.5 and 6 with License bearing No.16, dt:18/03/2015 contrary to the provisions of the Excise Act and Excise Rules, in the land covered by Sy.No.74/10, situated at East Marredpally, Mahendra Hills Secunderabad, as illegal and arbitrary and (iii) Declaring the action of the Respondents 1 to 4 in not implementing the Letter No.Cr.No. B2/93/2024/DPEO(S) Dt:22/11/2025, by not taking further action for not identifying an alternate location and completing the shifting process by Respondents 5 and 6, as illegal and arbitrary..."
The W.P.No.32981 of 2025 is filed seeking the following relief:
"...pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 1 to 4 in granting a license, for the commencement of Toddy business in land admeasuring Ac.1-23 guntas with Premises No.10-3-P/11, covered by Sy.No.74/10, situated at East Marredpally Mahendra Hills, Secunderabad belonging to the Lessor of the Petitioner in favour of the Respondents 5 and 6, as illegal and arbitrary..."
The W.P.No.40739 of 2025 is filed seeking the following relief:
"...pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.4/District Prohibition and Excise Officer, Secunderabad Excise in issuing the impugned notice bearing Cr.No.B2/93/2024/DPEO(S), dated 22-11-2025 without following any due procedure, without conducting any enquiry, without following due process of law, against to the principles of Natural Justice, as arbitrary vindictive, illegal, violative of Articles 14, 16 21 and 300-A of the Constitution of India and set aside the same..."
W.P.Nos.19544 of 2026 and 32981 of 2025 have been filed by Hari Nam Prachar Samithi, while W.P.No.40739 of 2025 has been filed by M/s. Toddy Tappers Co-operative Society (TTCS), Addagutta. Since the issue involved in all these writ petitions pertains to the running of a toddy shop in the vicinity of a school and a temple, they are heard together and are being disposed of by this common order.
Heard learned counsel for the respective petitioners and Sri.P. Vishal Kumar, learned Assistant Government Pleader for Prohibition and Excise Department. Perused the material available on record.
Learned counsel for the petitioners/Hari Nam Prachar Samithi, submitted that the toddy shop bearing Licence No.16 dated 18.03.2015 is being operated in Sy.No.74/10, East Marredpally, Mahendra Hills, Secunderabad, in the vicinity of a school and a temple, contrary to the provisions of the Excise Act and the applicable Rules. Despite the said objection, and the proceedings dated 22.11.2025 issued by the District Prohibition and Excise Officer proposing action/shifting, the authorities failed to stop the supplies, cancel/suspend the licence, or complete the shifting by identifying an alternate location.
Learned counsel for the petitioners/Hari Nam Prachar Samithi, further submitted that the grant and continuation of the licence at the existing premises are illegal, arbitrary and contrary to law and that the authorities have failed to discharge their statutory duties despite the representations made by the petitioners. Therefore, sought appropriate directions for closure/shifting of the toddy shop.
On the other hand, the learned counsel appearing for the petitioner/TTCS in W.P.No.40739 of 2025 submitted that the proceedings dated 22.11.2025 were issued without conducting any enquiry, following due procedure prescribed by law, or affording an opportunity of hearing, and, were therefore, violative of the principles of natural justice and liable to be set aside.
The learned Assistant Government Pleader for Prohibition and Excise Department sought four months' time to shift the toddy shop to a new location. At this juncture, the learned counsel for the petitioners/Hari Nam Prachar Samithi submitted that Sri Krishna Ashtami celebrations are scheduled to be held from 4th to 8th September, 2026, and requested that the respondents be directed to close the toddy shops during the said period.
In view of the above submission, the respondent authorities are directed to ensure that no toddy is sold at the specified premises and that the toddy shops must remain closed from 4th to 8th September, 2026.
In terms of the above, the Writ Petitions are disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.