Telangana High Court
WP/27650/2005 of Velugant Surya Rao Vs The District Collector, W.G.District at Eluru on 27 December 2005
SRI JUSTICE V.ESWARAIAH W.P.NO.27607 OF 2005 Dt.27.12.2005 Between: Veluganti Surya Rao and others. … Petitioners And The District Collector, West Godavari District, Eluru and 2 others. … Respondents ORDER: Heard the learned counsel for the petitioners as well as the
THE HON’BLE SRI JUSTICE V.ESWARAIAH
W.P.NO.27607 OF 2005
Dt.27.12.2005
Between:
Veluganti Surya Rao and others.
… Petitioners
And
The District Collector, West Godavari District, Eluru and 2 others. … Respondents
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ORDER:
Heard the learned counsel for the petitioners as well as the learnedGovernment Pleader for Prohibition and Excise.
The petitioners 16 in number residents of Nidadavolu Post andMandal, West Godavari District, submit that they are tappers byprofession and Toddy Tappers Society had floated in the year 1993and the same was functioning till 1998 and thereafter it becamedefunct. It is stated that there was no dues at all for the erstwhilesociety and in fact some deposits of the society are still lying in thebank since 26.11.1994. It is further stated that the petitioners haveregrouped for formation of the Toddy Tappers Co-operative Societyat Nidadavolu again and accordingly they have made an applicationbefore the Excise Superintendent, Eluru – 2[nd] respondent herein.
Pursuant to the said representation, tapping test was conducted bythe 2[nd] respondent vide proceedings dated 9.2.2005 and thepetitioners were requested to submit nativity certificates before28.10.2005. It is stated that the petitioners filed nativity certificates tothe 2[nd] respondent in the month of October, 2005 itself along withphotographs. It is further stated that 3[rd] respondent is now trying toget the society registered with the help of some outsiders byinfluencing the excise officials. It is also their further case that the 3[rd]respondent is not a native of the locality and he does not belongtoddy tappers community and therefore, the 2[nd] respondent may bedirected to consider their application.
The material on record goes to show that the dispute is withregard to the genuineness of the members of the proposed societyand also with regard to the registering of the society in their favour.The issue involved is within the domain of the excise officials. In thisview of the matter and in view of the fact that the petitioners as well asthe group of the 3[rd] respondent have submitted their applications forregistration of the society, I deem it appropriate to direct the 2[nd]respondent to consider the issue as per the procedure contemplatedin accordance with the provisions of the A.P.Excise Act and A.P.Co-operative Societies Act.
Accordingly, the 2[nd] respondent is directed to conduct an enquiry asto the genuineness of the tappers residing in the area of operation ofNidadavolu village with reference to the applications submitted by therespective groups and then, consider the relevant application forregistration of the society after considering the objections, if anymade by the respective groups, in accordance with the provisions ofthe Acts and the excise policy, as expeditiously as possiblepreferably within a period of four weeks from the date of receipt of acopy of this order.
The writ petition is disposed of accordingly. No costs.
________________
(V.ESWARAIAH, J.)
27.12.2005
Note: Issue copy within three days
B.O.
kpr