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1996 Supreme(AP) 867

B.S.A.SWAMY
Toddy Tappers Co-operative Society, Kukatpally, rep. by its President,sri C. Satyanarayana – Appellant
Versus
Govt. of A. F. , rep. by its Prl. Secretary, Revenue (Proh. and Excise) Department, Secretariat Bldgs. , hyderabad – Respondent


( 1 ) IN this Writ Petition a very simple and straight question that arose for consideration of the Court i. e. whether the action of the Government in establishing a new toddy shop at Shamshiguda-Bagh Ameer, which forms part of Kukatpally Municipality is in accordance with the provisions of A. P. Excise act, Rules made thereunder and the policy for the Excise Year 1995-96 which categorically prohibited opening of new toddy shops other than the shops mentioned in the policy for the year 1994-95.

( 2 ) IN the ordinary course the Writ Petition would have been disposed within 5 minutes. But, as the Minister concerned was made party-respondent and an allegation is made in the affidavit filed in support of the Writ Petition by the petitioner. In para-10 of the affidavit in the following terms:"it is one of the scams in which there is huge money involved in establishing the new toddy shops in the thickly populated areas. It is submitted that never in the history of the Excise Department, new toddy shops are opened in the middle of the excise year without notifying in the gazette. "the case assumed important.

( 3 ) WHILE the Advocate General appeared for the Government the government Plea





































































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