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High Court for State of TelanganaWP/38174/2015dismissed

Toddy Tappers Cooperative Society, v. State Of Telangana, Represented By Its

2015-11-26Sanjay Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NOs.36915 AND 38174 OF 2015 DATED 26th NOVEMBER, 2015 W.P.No.36915 of 2015:

Between:

Toddy Tappers Cooperative Society, Amravai Village, Manopad Mandal, Mahabubnagar District .. Petitioner and State of Telangana, represented by its Principal Secretary to Government, Revenue (Excise) Department and another .. Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NOs.36915 AND 38174 OF 2015 C O M M O N O R D E R The petitioner society in both the cases is the same. W.P.No.36915 of 2015 was filed by the petitioner society assailing the order dated 16.09.2015 whereby the

Prohibition and Excise Superintendent, Gadwal, Mahabubnagar District, suspended its licence. W.P.No.38174 of 2015 was filed by the petitioner society assailing the order dated 06.11.2015 whereby the Prohibition and Excise Superintendent, Gadwal, Mahabubnagar District, cancelled the said licence. In the light of the subsequent cancellation of the licence, its suspension under the earlier order dated 16.09.2015 ceased to have effect. W.P.No.36915 of 2015 therefore became infructuous.

As it was the contention of Sri N. Sreedhar Reddy, learned counsel for the petitioner society, that the show-cause notice referred to in the cancellation order dated 06.11.2015 was never served upon the petitioner society, the record was called for.

Perusal of the record reflects that the President of the petitioner society, K. Naganna Goud, received the show-cause notice dated 16.09.2015 along with the suspension order dated 16.09.2015. His signature is affixed on both the original documents.

In the light of the aforestated facts, the challenge in the later writ petition no longer survives for consideration, as an efficacious alternative remedy by way of appeal is available to the petitioner society as against the cancellation of its licence. Reserving liberty to the petitioner society to avail the same in accordance with law, the writ petitions are dismissed. Pending miscellaneous petitions shall also stand dismissed. No order as to costs.

______________________ SANJAY KUMAR, J 26th NOVEMBER, 2015 PGS