Telangana High Court
Begari Ramesh vs The State Of Telangana on 29 October, 2021
Bench: Satish Chandra Sharma, A.Rajasheker Reddy
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.567 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
10.08.2021 in W.P.No.8878 of 2021 passed by the learned
Single Judge.
The facts of the case reveal that the appellant before
this Court, who is a resident of Brahmanpally Village of
Tupran Mandal in Medak District and who belong to
Scheduled Caste community, took training for tapping toddy
trees in the year 2018 and he has grown 360 palm trees in
his land bearing Sy.No.5-A/2. The facts also reveal that he is
a genuine tapper and the aforesaid fact was admitted by the
State Government (the District Prohibition and Excise Officer)
by filing a counter affidavit before the learned Single Judge.
It is not in dispute that the appellant has successfully
completed the tapping test and a report was also submitted
by the Inspector of Prohibition and Excise, Narsapur.
However, as his request was turn down by the District
Prohibition and Excise Officer by an order dated 15.03.2021
for tapping toddy trees, he came up before this Court.
Various grounds were raised before the learned Single Judge
and one of the grounds is that the impugned order dated
15.03.2021 has been passed taking into account that he is a
2
Member of Scheduled Caste community. The learned Single
Judge has disposed of the writ petition. Paragraph 6 of the
order passed by the learned Single Judge reads as under:
"6. CONCLUSION:
i) The above observations are summed up, which are
as follows:
(a) Denial of additional TFT license to the
petitioner on the ground that he does not
belong to a particular caste is illegal and
contrary to Rule-2(xiv) of the Rules, 2007.
(b) Liberty is granted to the respondent
authorities to conduct re-testing by an
independent officer.
(c) Liberty is also granted to the petitioner to
make an application afresh for the excise year
2021-2022, and the respondent authorities
shall consider the same in accordance with
law, more particularly, Rule-47(1) of the
Rules, 2007.
(d) The above said directions are subject to the
result of tapping test to be conducted on the
petitioner by an independent officer and
conversion of TFT scheme into TCS at
Brahmanpally Village.
ii) With the aforesaid observations, the present writ
petition is disposed of.
iii) In the circumstances of the case, there shall be no
order as to costs."
Learned counsel for the appellant was fair enough in
stating before this Court that he is ready to submit a fresh
application as directed by the learned Single Judge for the
excise year 2021-2022. However, there is no necessity of
retesting the appellant as he is already a qualified tapper.
Learned Government Advocate, in the light of the reply
filed before the learned Single Judge, was fair enough in
stating that the appellant is a tapper and he has qualified the
test. Therefore, now the only requirement is to file a fresh
application for the excise year 2021-2022.
Resultantly, the order passed by the learned Single
Judge is modified and it is directed that in case an
application is preferred by the appellant for the excise year
2021-2022, the respondent authority shall consider the same
in accordance with law keeping in view Rule 47(1) of the
Telangana Excise (Grant of License to Sell Toddy, Conditions
of License and Tapping of Excise Trees) Rules, 2007 without
insisting upon retest in respect of tapping.
With the aforesaid, the writ appeal stands partly
allowed.
Miscellaneous petitions, if any, pending in this writ
appeals shall stand closed. There shall be no order as to
costs.
__________________________________
SATISH CHANDRA SHARMA, CJ
______________________________
A. RAJASHEKER REDDY, J
29.10.2021
ES
