NAKKA RAMAGOUD Vs. PROHIBITION AND EXICISE SUPERINTENDENT

JUDGEMENT

(1.) The petitioner is the President of Toddy Tappers' Co-operative Society, Tunki Khalsa Village, Vargal Mandal, Medak District. The Society was granted licence to run the toddy shops within its area of operation. The grievance of the petitioner is that the second respondent was granted a licence to run the shop within the prohibited distance and that the same is affecting the sales in the shops being run by the petitioner Society.

(2.) The first respondent filed a counter- affidavit. It is stated that the second respondent is the President of the Toddy Tappers' Co-operative Society, Meenajipet of the same Mandal and as contemplated under the Excise policy for the year 2004-05, a 'B' licence was issued in favour of the second respondent. It is stated that the distance between the shops established by the petitioner on the one hand and the one established by the second respondent, through the impugned licence, on the other, is more than 2 K.Ms. and, as such, it cannot be said that the petitioner has any genuine grievance. The issuance of the 'B' licence is sought to be sustained on the basis of the existing policy.

(3.) The second respondent is served with the notice and one Sri G. V.S. Ramaiah Naidu filed vakalat for him. The matter was adjourned thrice to ensure his presence. Still there is no response.