G.K. Hanumanthu v. The State Of Telangana,

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 14409 of 2017 ORDER:

The grievance of the petitioner is that respondent No.3 is considering to grant TFT/TCS licence in the Kutkanoor Village ignoring the fact that two shops are already existing. Learned counsel for the petitioner contends that, granting such licence is contrary to Rule 4(6) of the Andhra Pradesh (Grant of licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules 2007 (for short 'the Rules'), as adopted by the State of Telangana; and the persons, in whose favour TFT licence is sought to be given, are not eligible and are not qualified.

Learned Government Pleader for Excise, on instructions, submits that the applications, made by the third parties, are under TFT scheme, which is permissible in terms of Rule 5 of the Rules; and only after conducting test with respect to eligibility of individual TFT licence to claim toddy tree, granting of licence shall be considered. Having considered the respective submissions, interest of justice would be served, if respondents are directed to consider the application of the petitioner, strictly, in accordance with the Rules, in particular, keeping in view Rule 4(6) of the Rules with respect to distance norm. With the above direction, the Writ Petition stands disposed of.

Miscellaneous petitions pending, if any, shall stand dismissed. No order as to costs.

______________________________ CHALLA KODANDA RAM,J Date: 25.04.2017 usd