B. SUDERSHAN REDDY, J.

( 1 ) THIS batch of writ petitions is being disposed of by common order since the subject matter that arises for consideration in all of them is one and the same.

( 2 ) THE writ petitoners invoke the extraordinary jurisdiction of this court under article 226 of the Constitution of India, with a prayer to issue a Writ of Mandamus declaring that the petitioners are not liable to pay the rentals for the period commencing from 17-9-2002 to 5-3-2003 during which period the licence granted to them under the provisions of A. P. Excise (Arrack and Toddy licences General Conditions) Rules, 1969, (for short "toddy Licences Rules") was kept under suspension on account of which the petitioners could not carry on the business in sale of toddy. The constitutional validity of sub-rule (2) of Rule 28 of the Toddy licences Rules, whereunder liability has been imposed to pay the rentals even for that period during which the licences are kept under suspension pending enquiry is also impugned. CHRONOLOGY OF EVENTS:

( 3 ) WE shall briefly notice the chronology of events, which are almost similar in all cases and about which there is no dispute.

( 4 ) THE petitioner in W. P. No. 3465 of 2004 is the T day Tappers Co-operative Society, puiekona Group, Pulekona, Hyderabad district, represented by its President. Toddy tappers Cooperative Society, Pulekona, consists of six shops namely (1) Pulekona, (2) Kulsumpura, (3) Begumbazar, (4) Sha- inayath gunj, (5) Natrajnagar, and (6) feelkhana.

( 5 ) THE licences that were issued under the provisions of Andhra Pradesh excise act, 1968, (for short the Act ) on 2-4-2002 to all the six shops are valid up to 31-3-2007. A criminal case has been registered against the petitioner-society on 26-8-2002 in cr. No. 69/2002-03 inter alia alleging that on a surprise inspection of toddy shop, pulekona, a constituent shop of T. C. S. Group of Pulekona, by the Special Task force, found that the toddy was adulterated with Alprazolam. The Prohibition and Excise superintendent, Hyderabad District, vide his order dated 17-9-2002 in purported exercise of the power vested under Section 31 (1 ) (b) of the Act, suspended that licence of TCS group, Pulekona, with immediate effect pending enquiry (so as to safeguard the health and life of the people consuming toddy) in public interest. The order dated 17-9-2002 is self-explanatory in its nature, in which it is inter alia stated that as per the chemical analysis report received from the indian Institute of Chemical Technology, tarnaka, it has been opined that the sample seized under the cover of panchanama on 26-8-2002 from the petitioner s shop and sent to chemical analysis contains alprazolam, a prohibited substance. As per rule 5 of the A. P. Excise (Tapping of Trees and Toddy Shops Special Conditions of licences) Rules, 1969, the licensee shall not adulterate toddy by mixing the Chloral hydrate/diazepam/alprazolam ingredients. Further as per Rule 11 of the Toddy licences Rules, the arrack or toddy which is sold or offered for sale in the shop shall be unadulterated and the licensee shall not vary the intoxicating quality or strength of the arrack or toddy by mixing any foreign ingredient or otherwise. It is unnecessary to notice further details in this regard.

( 6 ) THE writ petitioners promptly filed a writ petition in W. P. No. 19186 of 2002 and batch in this court challenging the orders of suspension of the licence dated 17-9-2002. They have obtained interim orders to their advantage prohibiting the respondents from taking any coercive steps as against them and not to give effect to the order of suspension. This court vide its judgment dated 10-1-2003 allowed the writ petitions and accordingly set aside the order of suspension dated 17-9-2003. On 21-1-2003, the petitioner has opened the shop on its own accord pursuant to the directions of this court and commenced its business.

( 7 ) THE respondents herein carried the matter by way of a special leave petiti

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