ORDER

Heard learned counsel for the petitioner, learned Government Pleader for Prohibition and Excise appearing for respondent Nos.1 to 3, and perused the record.

2. The case of the petitioner, in brief, is that he has been issued with licence to sell toddy for a period of five years with effect from 01.10.0222 to 30.09.2027 at counter No.15 of Toddy Shop TFT, Mangalaram Kalan, Moinabad Mandal, Ranga Reddy District; that while he is conducting business at the said counter, respondent Nos.2 and 3 are interfering in the conduct of the aforesaid business situated at Counter No.15, without issuing any notice and without following due process of law, which action of the respondents, it is contended as highly illegal and arbitrary.

3. Per contra, learned Assistant Government Pleader for Prohibition and Excise appearing on behalf of respondent Nos.1 to 3 has placed before this Court written instructions under the signature of the District Prohibition and Excise Officer, Shamshabad Excise Unit, Ranga Reddy District.

4. By the written instructions, it is stated that the petitioner has been initially allotted to run TFT shop at counter No.15 in Serial No.1 of Mangalaram Kalan, Moinabad Mandal, which licence is extended for a further period of five years from 01.10.2022 to 30.09.2027.

5. By the written instructions, it is further stated that the petitioner in addition to running toddy shop (TFT) at counter No.15 has set up a shed in the open land in Sy.No.9 and is running additional counter thereby violating the conditions of licence.

6. By the written instructions, learned Government Pleader would further submit that the petitioner has set up additional counter in the land in Sy.No.9 belonging to Sri Kammari Sathaiah S/o Monaiah R/o Pedda Mangalaram, having the following boundaries:

7. By the written instructions, learned Government Pleader further submits that as per the provisions of the Excise Act and the Rules made thereunder, the licence holder is required to sell the toddy only from the counter and not outside and since, the petitioner has set up counter in the open land belonging to Kammari Sathaiah, the authorities, on coming to know of the same, have inspected the additional premises, whereat the petitioner is selling the toddy, without any permission or sanction from the authorities.

8. By the written instructions, it is also stated that the petitioner apprehending that the authorities would initiate action against the petitioner herein for violating the terms of licence has filed the present Writ Petition, claiming that the respondents-authorities are interfering with the conduct of business of sale of toddy from counter No.15 to divert the authorities from taking further action in the matter.

9. I have taken note of the respective contentions urged.

10. While the petitioner contends that he is conducting his business of selling of toddy under licence TFT at counter No.15 of Mangalaram Kalan, the respondents-authorities on the other hand claim of the petitioner having set up an additional counter in the land belonging to Kammari Sathaiah by erecting a shed therein and selling toddy from there which is admittedly not the authorized counter for it to be considered as licnced premises.

11. Since, the respondents claim of the petitioner selling toddy in premises other than licenced premises, which is prohibited under the provisions of the Excise Act read with the Telangana Excise (Grant of Licence to Sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007, this Court is of the view that the respondents-authorities are to be directed to take further action against the petitioner in the event of the petitioner having found violating the terms of licence granted in his favour by undertaking