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1979 Supreme(AP) 156
Andhra Pradesh High Court
Judges : P.A.CHOUDHARY
Palm Jaggery, Manufacturing Co-op.Society, East Godavari-830, Zadhavaram - Appellant
Versus
Excise Superintendent, West Godavari District, Eluru - Respondent
Decided On : 04-02-79
The Neera Rules and Toddy Rules should be interpreted harmoniously to give effect to both sets of rules. The Excise contractor is not entitled to any priority over that of the Palm Jaggery Manufacturing Co-operative Society in the matter of getting Excise trees allotted.
Headnote:
EXCISE - PALM JAGGERY MANUFACTURING CO-OPERATIVE SOCIETY - ALLOTMENT OF TREES - NEERA RULES AND TODDY RULES - INTERPRETATION - HARMONIOUS CONSTRUCTION - PREFERENCE TO PALM JAGGERY MANUFACTURING CO-OPERATIVE SOCIETY.
Fact of the Case:
The Palm Jaggery Manufacturing Co-operative Society and its President filed a writ petition against the Excise Superintendent and an Excise Contractor, seeking a direction to allot the Palmyrah trees in the area of operation of the society for tapping Nira and manufacturing palm jaggery in accordance with the Nira Rules.
Finding of the Court:
The court held that the Neera Rules and Toddy Rules should be interpreted harmoniously to give effect to both sets of rules. The court declared that the Excise contractor is not entitled to any priority over that of the Palm Jaggery Manufacturing Co-operative Society in the matter of getting Excise trees allotted.
Issues: 1. Whether the previous judgment of the court in W. P. No. 413 of 1979 binds the present petitioner so as to preclude his present retaliatory attack? 2. If the previous judgment does not bar the adjudication of the present matter on merits, the next question would be as to the respective scope and meaning of these two sets of Excise Rules viz. , Nerra Rules and Toddy Rules.
Ratio Decidendi: 1. A decision rendered in violation of the principles of natural justice can be set aside, reviewed, or declared to be a nullity in a later proceeding on the ground that the earlier proceedings are in violation of the principles of natural justice. 2. The Neera Rules and Toddy Rules should be interpreted harmoniously to give effect to both sets of rules. The Excise contractor is not entitled to any priority over that of the Palm Jaggery Manufacturing Co-operative Society in the matter of getting Excise trees allotted.
Final Decision: The court allowed the writ petition and directed the Commissioner of Excise to take into account the needs and requirements of both the Palm Jaggery Manufacturing Co-operative Society and those of the Excise Contractor and allot the trees acting reasonably.
( 1 ) THE 1st petitioner is the Palm Jaggery Manufacturing Co-operative society in West Godavari District. The 2nd petitioner is the President of that society. The writ petition is filed against the Excise Superintendent, west Godavari District, Eluru who is the 1st respondent and one Chitikena krishnamma, an Excise Contractor, Tadepalligudem Group of Toddy Shops, tadepalligudem, West Godavari District. The prayer in the writ is that a direction may issue from this Court directing the Excise Superintendent west Godavari, Respondent No. 1,to allot the Palmyrah trees in the area of operation of the 1st petitioner society i. e. , in the villages of Madhavaram apparaopet, Modugunta, Pallaigudem, Niladirupuram, Krishnapuram and dendagarra to the petitioner-society for tapping Nira and manufacturing of palm Jaggery in accordance with the Nira Rules.
( 2 ) IT appears that there are about 541 members in the 1st petitioner society and the area of the operation of the 1st petitioner extends to as many as seven villages in Tadepalligudem taluk, West Godavari District. The allegation in the Writ petition is that all the members of the petitioner society depend upon tapping of Neera from the palm trees in the aforementioned villages and making of palm jaggery from it for their livelihood from 1954 onwards.
( 3 ) NOW the second respondent herein is the Excise Contractor of tadepalligudem Group of Toddy Shops. He, therefore, requires the juice oi the Palm trees for making toddy on the sale of which depends his business. The same juice the petitioner society requires for making jaggery. Therefore, both the petitioner-society and 2nd respondent require the palm fees for the purpose of carrying on their respective business. The availability of the palm trees in this area does not appear to be plentiful to meet the needs of both in full Scarcity of goods lead to the scramble for the available. It has thus become a matter of business survival for the petitioner-society on the one hand and the 2nd respondent contractor on the other to get as many palm trees as possible for carrying on their respective businesses. Now the tapping of palm trees in the State is a matter governed and strictly controlled by the Excise law. Under Section 72 (d) (iv) of the State Excise Act the State Government made the Andhra pradesh Excise (Regulation of Drawal and Sales of Neera) Rules 1969 (hereinafter called Neera Rules) as later amended in Memo No. 731 dated 16th January, 1973. It is under these rules petitioners claim protection. In particular Rule 9 which is the very basis for the claim of the petitioner reads as follows :-"9 Reservation and allotment of trees for tapping:- 1) The Commissioner or any officer authorised by him in this behalf may notify the blocks or topes of excise trees set apart for drawal of neera by the licensees each year. 2) Each Co-operative Palm Jaggery society holding permission for the drawal of neera shall be attached to tap from such number of trees as the Commissioner deems necessary out of the blocks or topes referred to in sub-rule (1 ). The allotment of trees in respect of each such society shall be fixed with reference to the members in each society, the production and marketing of palm jaggery and its annual turn over. Excise trees to any such society may, as far as possible, be allotted in the area lying in its close proximity. "
( 4 ) IT is clear that it is within the contemplation of this statutory provision that each co-operative palm jaggery society should be allotted certain number of trees, the exact number depending upon the number of members of the jaggery society and its annual turn over. It is equally clear according to these rules that the allotted trees should be those situated within the proximity of the society which means within the area of its operation. That it is the purpose of these rules to provide employment to those who engage themselves in the cottage industry of manufacturing jaggery app
