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A. Nadamuni & Ors Vs. The Prohibition & Excise Commissioner, Nampally, Hyderabad & [1997] INSC 31 (13 January 1997)

K. RAMASWAMY, G.T. NANAVATI

ACT:

HEAD NOTE:

O R D E R

This special leave petition has been filed against the Order of the Division Bench of the Andhra Pradesh, made on December 13, 1996 in Writ Appeal No. 1437/96 confirming the judgment of the learned single Judge, dated December 4, 1996 in Writ Petition No. 11385/96.

The only question for our consideration is: whether the Superintendent of Excise who is also Registrar for certain purposes of Andhra Pradesh Co-operative Societies Act, 1964 (for short, the 'Act') has the power to disqualify an existing member of the Srikalahsthi Toddy Tappers Co- operative Society? The object of the Society is to ameliorate the economic conditions of tappers by providing them means of livelihood by tapping the Toddy tress allotted by the Excise authorities. The provisions of the Act, the rules made thereunder and the by-laws of the Society regulate the admission of the members. The toddy tappers Co- operative Society should consist of members who are really and actually in the avocation of tappers and are allotted Palmera trees for tapping toddy as their sources of livelihood. On a complaint that non-tappers were admitted and are members of the Society at the behest of a member, a writ petition came to be filed in the High Court. Pursuant to an interim direction given by the High Court to conduct tapping test, the competent officers conducted the same in that behalf. The authorities came to conclude that the petitioners were not the tappers as they did not fulfil the condition of the tapping experience etc, and accordingly were removed from the membership which decision was confirmed by the High Court in the writ petition as also in appeal.

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