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1997 Supreme(AP) 190

B.S.A.SWAMY
Jadaprolu Shankaraiah – Appellant
Versus
Assistant Commissioner of Prohibition and Excise, Nellore District – Respondent


B. S. A. SWAMY, J.

( 1 ) THE petitioners, 10 in number, filed the present writ petition questioning the show-cause notice in Rc. No. 112/95/a3, dated 2-1-1996 calling upon them to submit their explanation, if any, why they should not be removed from the membership of the society as they are found to be not professional tappers as per the report of the Sub-Divisional Prohibition and Excise officer, Nellore dated 27-12-1995.

( 2 ) ONE of the contentions raised by the petitioners is that the Assistant Commissioner of Prohibition and Excise is not empowered to remove the members of the Tappers co-operative Society, As that power was not specifically delegated to him by the Government while delegating the powers of the Registrar to the Excise Superintendents, who are now designated as Assistant Commissioners of prohibition and Excise in G. O. Ms. No. 39, food and Agriculture (Co~op. IV) Department, dated 3-4-1979.

( 3 ) THIS Court while issuing notice before admission, suspended the impugned proceedings by order dated 12-2-1996. Subsequently, the respondents filed counter-affidavit by contending that though the power under section 21 (3) of Andhra Pradesh Co-operative societies Act (for






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