M NARASIMHULU Vs. EXCISE SUPERINTENDENT

JUDGEMENT

(1.) The writ petition is filed seeking a writ of Mandamus declaring the order Rc.No. 647 / 91 / A2 dated 13-5-1993 of the first respondent as arbitrary and violative of principles of natural justice and consequently a direction is sought by the petitioner to direct the first respondent to permit the petitioner to continue him to run Nellore group (8) toddy shops for the Excise year 1992-93 pursuant to the agency granted to him by the first respondent in proceedings Rc.No.647 / 91 - A2 dated 11-4-1993.

(2.) The short question that falls for consideration in this writ petition is whether the petitioner is entitled for a notice as contended by him.

(3.) Admittedly, the group of toddy shops in Nellore were put to auction some time before the commencement of the Excise year 1992-93. It is not in dispute that during that period in Nellore district, there was agitation by women against the sale of toddy in the entire State of Andhra Pradesh, in particular in the district of Nellore. However, for the year 1992-93,8 toddy shops pertaining to Nellore town were given to the Nellore Town Toddy Co-operative Society. Pursuant to such an order, the Nellore Town Toddy Co-operative Society was granted licence to sell toddy for the entire year, ie., till September, 1993. The rentals directed to be paid were fixed monthly.