WA/2537/2005 of The Proh. AND Excise Superintendent Vs Katamaiah Toddy Tappers Cooperative Society on 26 December 2005

Per G.S. Singhvi, CJ

This appeal is directed against order dated 08-12-2005 passed by the learnedSingle Judge in W.V.M.P. No.2290 of 2005 whereby he declined to vacateinterim order dated 11-08-2005 passed in and W.P.M.P. No.21072 of 2005 suspending theoperation of order dated 20-6-2005 passed by the Andhra Pradesh CooperativeTribunal, Hyderabad (for short ‘the Tribunal’).

The New Gudur Toddy Tappers Cooperative Society, Gudur (appellant herein)was registered on 19-8-1997. By an order dated 12-7-2004, the Prohibition &Excise Superintendent-cum-Registrar of Toddy Tappers Cooperative Societies,Kurnool (respondent No.2) bifurcated the said society resulting in the creationof Sri Katamaiah Toddy Tappers Cooperative Society (respondent No.1). Theappellant challenged the order of bifurcation in C.T.A. No.147 of 2004, whichwas allowed by the Tribunal vide its order dated 20-6-2005.

Aggrieved by the order of the Tribunal, respondent No.1 filed Writ PetitionNo.16575 of 2005. It also filed an application for stay, which was registered asW.P.M.P.No.21072 of 2005. While issuing “rule nisi” on 11-8-2005, the learned Single Judge suspended the operation of order dated 20-6-2005 passed by the Tribunal.

The appellant filed W.V.M.P.No.2290 of 2005 for vacating the interim order. Inthe meanwhile, respondent No.2 passed order dated 5-8-2005 cancelling thelicence of respondent No.1, who then filed W.P.M.P.No.22978 of 2005 seekingstay of that order.

After hearing counsel for the parties, the learned Single Judge rejected theappellant’s prayer for vacating the interim order.

We have heard the learned counsel for the parties and perused the record.

In the course of hearing, learned counsel for respondent No.1 made astatement that order dated 5-8-2005 passed by Prohibition and ExciseSuperintendent-cum-Registrar of Toddy Tappers Cooperative Societies, Kurnool District, cancelling the licence of his client has been stayed by thelearned Single Judge in W.P.M.P. No.22978 of 2005. This has not beencontroverted by the learned counsel for the appellant. He, however, submittedthat on the strength of the interim order passed by the learned Single Judge,respondent No.1 should not be allowed to carry on its activities in the matter ofsale of toddy.

We have considered the submission of the learned counsel for theappellant, but are not inclined to interfere with the interlocutory order passed bythe learned Single Judge because (1) no substantial failure of justice has beenoccasioned by virtue of suspension of order dated 20-6-2005 passed by theTribunal; (2) interim order passed by the learned Single Judge inW.P.M.P.No.22978 of 2005 is not under challenge in this appeal and withoutnullifying that order, respondent No.1 cannot be prevented from carrying on itsactivities in the matter of sale of toddy; and (3) the main case has already beenlisted for hearing on 24-1-2006 and it is expected that the same will be finallydisposed of on that date or within reasonable time thereafter.

For the reasons aforementioned, the appeal is dismissed. However, liberty isgiven to the appellant to make a request to the Hon’ble Single Bench for takingthe matter out of turn on 24-01-2006. It is hoped that counsel representingrespondent No.1 will neither oppose such request nor any effort will be made todelay the disposal of the writ petition.

G.S. SINGHVI, CJ

Date:26-12-2005

R. SUBHASH REDDY, J

PV/svs

HONOURABLE SRI G.S. SINGHVI, THE CHIEF JUSTICE

HON'BLE SRI JUSTICE R. SUBHASH REDDY

WRIT APPEAL No.2537 OF 2005Between:The New Gudur Toddy TappersCooperative SocietyRep. by its President E. Mohan Goud.. AppellantANDSri Katamaiah Toddy Tappers Cooperative SocietyRep. by its President, Mr. E. Ramanjaneyulu,And another.. Respondents::JUDGMENT::Counsel for the appellant : Mr. P Veera ReddyCounsel for Respondent No.1: Mr. T. Amarnath GoudCounsel for Respondent No.2: G.P. for Prohibition & Excise December 26, 2005