R.Sandeep Goud v. State Of Telangana And 3 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 18676 of 2019 O R D E R:

The petitioner asserts that he is a toddy tapper by profession; that when he submitted an application to respondent No.4-Toddy Tappers Cooperative Society, Gadwal, seeking to include him as Member of the Society, the same was refused by respondent No.4 on the ground that there is already Toddy Cooperative Society existing in the village; that even the petitioner has an opportunity to establish one another Toddy Tappers Cooperative Society, he is being deprived of the licence to tap the toddy trees and that on coming to know that respondent No.4 was alleged to have been involved in adulteration of toddy with Alprazolam, which is a prohibited chemical, he submitted application on 03.08.2019 to respondent No.3-Prohibition and Excise Superintendent, Gadwal and thereafter, the licence of respondent No.4 was suspended on 24.09.2009. In those circumstances, he seeks a direction to respondent No.3 to conclude the enquiry initiated against respondent No.4.

Heard learned counsel for the petitioner.

Learned Government Pleader for Prohibition and Excise appearing for respondent Nos.1 to 3 would assert that the writ petition is filed with an ill-motive, as the petitioner is seeking to finalize the matter with respect to the show cause notice dated 24.09.2009, that too, after ten years and there is no explanation from

the petitioner why he has not taken steps for all these years. He would raise an objection with regard to the maintainability of the writ petition.

In view of the above, prima facie, this Court finds that the petitioner approached this Court as he is not being admitted as Member of respondent No.4-Society. In other words, the petitioner filed this writ petition with only to wreak vengeance on respondent No.4. In the circumstances, this Court is not inclined to exercise its discretionary jurisdiction under Article 226 of the Constitution of India.

The writ petition is accordingly, dismissed.

Miscellaneous petitions, if any, pending in this writ petition shall also stand dismissed. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:29.08.2019 kdl