P.Venugopal Goud And 2 Others v. The Commissioner Of Prohibition And Excise And 3 Others
[ 3303 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY,THE SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO WRIT PETITION NO: 28833 OF 2021 Between:
1. P.Venugopal Goud, S/o Late Ramulu, Aged about 59 Yrs., Occ. Business, N o 8-2-682132/59, Road No. 1 2, N. B. Nag ar, B anjara Hills, Hyderabad.
2. B. Srihari Goud, S/o Krishna Goud, Aged about 44 Yrs., Occ. Business, Rl/o H. No.6-3-667/3, Kummara Basthi Panjagutta, Hyderabad.
3. E.Yadaiah Goud, S/o E.Mallaiah Goud, Aged about 67 Yrs., Occ. Business, No 6-3-12431139/1, Opposite to Ra1 Bhavan, M.S.Maktha, Hyderabad. ...PET!TIONERS AND
1. The Cohmissioner of Prohibition and Excise , State of Telagnana, Nampally, Hyderabad.
2. The Functional Registrar/District Prohibition and Excise Officer, Hyderabad.
3. The Deputy Registrar/Audit Officer, Office of the Divisional Cooperative Office, Secunderabad Division, Gruhakalpa, Nampally, Hyderabad.
4. M/s. Toddy Tapper Cooperative Society Limited, Chintal Basthi, Khairatabad Mandal, Hyderabad District which Regd.No.ES/8/2Ol93lHyd. Rep. by its PIC ...RESPONDENTS Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the actron of the respondents 1 to 3 for failure to manage the affairs of the 4th respondent society in accordance with the rules and appointing ineligible defacto PIC committee members and extending the term beyond one year without permission of the Government which is illegal, arbitrary, unconstitutional and against the settled principles of rules laid down under Section 32 (7) (a) (i) (b) of the TCS Act,1964 and consequently direct the respondents 1 & 2 to appoint an official PIC committee in place of non official PIC committee members who are continuing illegally duly directing to conduct
proper enquiry for preparation of valid voter list for ensuing elections to the 4th respondent society lA NO: 1 OF 2021 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents 1 & 2 to appoint an official plc committee in place of non official Plc committee members who are continuing illegally duly directing to conduct proper enquiry for preparation of valid voter list for ensuing elections to the 4th respondent society, pending disposal of the above petition Counsel for the Petitioner: SRl. T. KISTAIAH Counsel for the Respondent Nos. 1&2: Gp FOR PROHIBITION EXCISE Counsel for the Respondent No. 3: Gp FOR COOPERATIVE SOCIETY Counsel for the Respondent No.4: SRI M.A.K MUKHEED The Court made the following: ORDER
HON'BLE SRI JTISTICE J. SREENTVAS RAO WRIT PTTITION No.28833 of 2O2l ORDER:
When the matter is taken up for hearing, Sri T.Kistaiah, learned counsel for the petitioners submits that the cause in the writ petition does not survive for adjudication.
2.
Recording the said submission, the writ petition is dismissed as infructuous. No costs Pending miscellaneous applications, if any, shall stand closed.
SO/-8. SARASWATHI ASSISTANT REGISTRAR i l/rRUE coPY// L-D j sEcrloN oFFlcER to'r. ,*o CCs to GP FOR PROHIBITISN EXCISE 'High Court for the State of , +;;:telA"b[ PSftt33.L?"riU,vE socrEry,Hish court ror the state or , l*:ret'tH,S:3i#^EY[e1"qq" 1e1u c] ;. 6n; Cc io snr. rvr'A'k' tt'turHeED' Advocate [oPUC]
5. Two CD CoPies BM GJP
HIGH COURT DATED:0211112023 {.ne srArG
ORDER
(t fc .+ t WP.No.28833 of 2021 ? : N0! 2tl2l o .L t cEsPn1C DISMISSING THE WRIT PETITION AS INFRUCTOUS WITHOUT COSTS _) \t )p))