Toddy Tappers Cooperative Society Karimnagar No.3 v. The Proh. And Excise Inspector, Sho, Karimnagar(Urban)

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.18340 of 2007 ORDER:

This writ petition, filed under Article 226 of the Constitution of India, challenges the licence bearing No.35/1, dated 25-05-2007 issued in favour of the 5th respondent by 3rd respondent to establish a new toddy shop within 2 Kms from the existing toddy shops of the petitioners herein and also the order of the 4th respondent, dated 30-07-2007. A counter-affidavit deposed by Prohibition and Excise Superintendent, Karimnagar is filed.

In the said counter-affidavit it is stated that the Prohibition and Excise Officers in the presence of two pahchas measured the distance by using 2 wheeler Motor Bike and found 2.02 Kms., from the entrance of shop of 5th respondent Karimnagar shop No.X to Kothirampur, Karimnagar Group No.III (petitioner No.1) and 2.04 Kms., from shop at Gauthaminagar of Karimnagar Group No.VII (2nd petitioner). While pointing out the said averments, it is submitted by learned counsel for the petitioners that in view of the said averments the writ petition can be disposed of by placing on record the said averments.

Recording the said submission, the writ petition stands disposed of, in view of the above said averments made in the counter-affidavit of Prohibition and Excise Superintendent, Karimnagar. There shall be no order as to costs. The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________ A.V. SESHA SAI, J October 18, 2016 Pn

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.18340 of 2007 October 18, 2016 Pn