TCS KOSGI GROUP Vs. PROHIBITION AND EXCISE SUPERINTENDENT

JUDGEMENT

(1.) As both the Writ Petitions are inter-connected and the learned counsel for the petitioner as well as the learned Government Pleader submitted that the full length arguments have been advanced at the time of considering the application for the vacating the interim orders, and they requested this Court to pass final orders in both the Writ Petitions. Accordingly, these two Writ Petitions are dealt with finally. W.P.No.23149 of 1995:

(2.) The facts in W.P.No.23149 of 1995 would be relevant for proper appreciation of the entire case. The Writ Petition is filed by the Tappers Cooperative Society, Kosgi, Mahabubnagar District represented by its President, Chimanbavi Venkataiah. In the said Writ Petition, the proceedings of me 1st respondent - Prohibition and Excise Superintendent, Mahabubnagar in RC No.A7/4367/93 dated 11-10-1995 are challenged, wherein the Persons Committee was constituted by the 1st Respondent by virtue of powers vested in him under Section 34 (1) of the Co-operative Societies Act.

(3.) The Excise authorities had granted licence for 1994-95 to the TCS Kosgi in the name of President M. Chandraiah, who was the President of the Society at the relevant time. The deponent Sri Chimanbavi Venkataiah, the present President was elected as a President of TCS Kosgi on 27-5-1995 for a period of three years. The election was conducted by the excise authorities. The society has 24 members on its rolls. After Sri Venkataiah was elected as President, the name of the President was not changed in the Excise Licence already issued for 1994-95 to the TCS Kosgi. The licence expired on 30-9-1995. The necessary licence fees and other charges were paid by the society through its President and all the formalities as required under the Rules were complied. An advance payment of rental amounting to Rs. 26,073/- was paid through challans. However, the excise authorities did not renew the licence on the ground mat the criminal case in COR No. 118/94-95 dated 9-3-1995 is pending. At that point of time W.P.No. 22167/95 was filed for direction to renew the licence without reference to the pendency of the criminal case. When the matter came up for orders on interim application on 12-10-1995 it was brought to the notice of the counsel for the petitioner that the licensing authority had rejected the renewal application on 4-10-1995 and the appeal filed before the Dy. Commissioner (Appellate Authority) was also dismissed on 10-10-1995. It was also brought to the notice of the counsel on 12-10-1995 that the managing committee of TCS Kosgi was superseded by persons committee appointed by the 1st respondent in proceedings dated 1140-1995 and an objection was sought to be placed by the counsel taking notice on behalf of the persons committee stating that in view of the supersession, no relief can be granted in W.P.No.22167/95. Therefore implead petitions and petition for amendment of prayer filed in W.P. No.22167/95 (were filed) and the said petitions were allowed on 13-10-1995. Interim direction was also issued to the respondents to renew the licence of the TCS Kosgi without reference to the pendency of the criminal case. Simultaneously W.P.No.23149/95 was heard on 13-10-1995 and interim suspension of the proceedings dated 11-10-1995 was granted by this Court. The petitioner in W.P.No.23149/95 submits that no notice was issued to the petitioner before the impugned orders are passed with the grounds mentioned in the impugned supersession order dated 11-10-1995 that the Society is not functioning properly and they have not given any benefits to the members (which) are absolutely incorrect. Therefore, the appointment of the Respondents No.2 to 4 as persons committee is illegal and without jurisdiction. It was submitted that the official respondents created ante-dated proceedings at the instance of the local M.L.As and the higher authorities. The 2nd respondent is appointed as Chairman of the committee, he was also one of the directors of the erstwhile managing committee which was elected on 27-5-1995.