THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.510 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Resu Mahender Reddy, learned Senior
Counsel representing Mr. K.Ravikanth, learned counsel for
the appellants. We have also heard Mr. D.L.Pandu, learned
Government Pleader for Excise Department appearing for
respondents No.1 to 4 and 7; and Ms. P.Krishna Keertana,
learned counsel for respondents No.8 and 9/writ petitioners.
2. This appeal has been filed against the following order dated 21.04.2023 passed by the learned Single Judge in W.P.No.6063 of 2023 filed by respondents No.8 and 9 as the writ petitioners:
As seen from the record, twelve individual orders have been passed by the Prohibition and Excise Officer, Nizamabad in Crime No.E4/214/2021 dated 23.09.2021 suspending TFT licenses on the basis of report of 2 Chemical Examiner, Regional Prohibition and Excise Laboratory, Nizamabad who opined that the sample is 'fermented toddy adulterated with Diazepam'.
Subsequently by orders dated 14.03.2022 were passed cancelling the twelve licences.
It appears these twelve TFT license holders submitted representation before the Government pleading that they would be deprived of their livelihood. Several other grounds have been urged by these licensees. Impugned order dated 31.12.2022 was passed by memo No.l2757/Ex.II(1)/2022-2 whereby temporary stay of proceedings dated 23.09.2021 in Crime No. E4/2l4/2021 was granted and twelve TFT licenses were restored.
The Government has not recorded reasons for suspending the order dated 23.09.2021 which was passed by giving detailed reasons and on the basis of Chemical Examiner Report. Neither there is any discussion about Chemical Examiner Report nor it is stated as to how prima facie grounds are made out for suspending the order dated 31.12.2022. Without any reasons and without examining the Chemical Analysis Report, order dated 23.09.2021 was passed. Further, surprisingly, the Government failed to notice that the suspension order dated 23.09.2021 merged with the cancellation order dated 14.03.2022.
Prima facie, the impugned order is without jurisdiction and bereft of any reasons. In view of the same, there shall be interim suspension as prayed for. 3
This order shall not preclude the licencees to challenge the cancellation orders in accordance with law.
List on 16.06.2023.
3. Respondents No.8 and 9 have filed the related writ petition assailing the memo dated 31.12.2022 issued by the State of Telangana in the Revenue/Excise-II, Prohibition and Excise Department, allowing/restoring the licenses of the appellants to carry on trade in toddy.
4. Learned Single Judge noted that based on the report of the Chemical Examiner, Regional Prohibition and Excise Laboratory, Nizamabad, that the toddy traded by the appellants was adulterated, orders dated 14.03.2022 were passed cancelling the licenses of the appellants. On representations made by the appellants, the State, opining that as the appellants would be deprived of their livelihood, has withdrawn cancellation orders and restored the licences of the appellants vide the memo dated 31.12.2022. Learned Single Judge noted that State has not recorded any reasons for restoration of the licences when it was 4 apparent that the toddy traded by the appellants was found by the Chemical Engineer to be adulterated. Therefore, learned Single Judge has suspended the impugned memo dated 31.12.2022 and fixed the matter on 16.06.2023 for further consideration. However, while doing so, learned Single Judge has observed that the said order would not preclude the licensees to challenge cancellation of their licences.
5. From the above, it is evident that order dated 21.04.2023 is an interlocutory order and the writ petition is to be listed on 16.06.2023 for further consideration.
6. At this stage, we are not inclined to entertain the writ appeal.
7. As a matter of fact, when the Chemical Engineer had found the toddy traded by the appellants to be adulterated with Diazepam, the State had rightly cancelled their trading licences. There is no question of restoration of 5 such licences by the authority. In any case, nobody has a fundamental right to carry on trade in liquor.
8. That being the position, we see no good ground to entertain the writ appeal.
9. Writ appeal is accordingly dismissed.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ N. TUKARAMJI, J 28.04.2023 vs