LAWS(APH)-2014-2-57

O.M.DEBARA Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On February 26, 2014
O.M.Debara Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This public interest litigation has been filed in the year 2012 asking the following reliefs:

(2.) The petition was necessitated to be filed on the following facts as stated by the petitioner in the affidavit filed along with the petition. It is stated that major source of revenue to the State is excise duty on the liquor and the licence fee on the retail sale of liquor and Bars. The contribution to the revenue during the financial year was nearly to the tune of Rs.11,000/ crores. The competition among the liquor traders led to quoting high licence fees in the auctions and consequent indulgence of the shop owner in various illegal activities to increase the sales and to garner more profits. The retail shops owners have formed cartel in towns, mandals and villages known as liquor syndicates and indulging in various illegal activities and turned the State in collusion with excise, police, revenue, legal metrology and politicians in Madya Andhra Pradesh instead of Haritha Andhra Pradesh. The health and productivity of the common man has affected badly due to high consumption of liquor. Some of the illegal activities carried out by the liquor syndicates are stated as follows:

(3.) It is further stated that the local politicians including M.L.As and Ministers entered in the liquor trade directly and indirectly. Most of the liquor syndicates are run by the kin and kith of the Legislators and Ministers. Since the involvement of the Legislators had given immunity for it is the illegal operations impossible for the law enforcement agency to arrest illegal practices, albeit willingness. It is stated that nearly 100 members of Legislators and dozen Ministers are involved in the liquor trade. The nexus between the liquor businessmen, the enforcement agencies and the politicians is thriving in the State at the cost of common man and larger public interest. Above stated activities of the liquor trade are taking place for the last several years and it is a major source of corruption for the excise and the police officials and the politicians. No action was ever initiated by respondent No.3 due to power nexus between the criminals, the enforcement agencies and the politicians.