Challenges to a notification prohibiting sale of certain tobacco and pan masala products were disposed of as infructuous following its expiry. Pending applications were also disposed of, with liberty to file fresh petitions when a fresh cause of action arises.
Liberty to file fresh petitions as and when a fresh cause of action arises.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURI FOR THE SI ,o-. .A.rrEiJfJIooFTELANGANA ( D pe c iat Origin a t_.J u,;siiction)
wro ru e s ofr6 l3i,l5 ffi,#.R;FEB R uA R Y
PRESENT
THE HON'BLE THE CHIEI rHE Ho N, BLE "-;;s['J :'hT,IJJ#1
WRIT P ETIT to N NO: 11684 1 1685 1 1691 1 169I 1171 11716 11775 1 1853 11978 AND 12126 OF 2020
wP NO.1t684 0F 2020:
Betwee n:
Aslam General Stores, Rep ,by_its proprietor Saifullah Khan @ Aslam S/o Azmatultah Khan Aoed_ abort.iz y.urJ.Cilc"Business, R/o H.Nt.3_B-297l t, Panjesha Adjtabad"Business aOOr6ss Jt 6iop"|fo f , Limrah lr,4asjid Comptex, Ambedker chowk, Aditabao Ar.o "t 6 Nol al'lirt q.Aditabad District.
AND PETITIONER
Petition under Article 226 of rhe constitution of lndia praying that in the circumstances stated in the affidavjt filed therewith, the High court may be pleased to pass an order/orders, or issue any d irection/d irections or appropriate writ more particularly in the nature of wRlr oF IVANDAtvUS declaring the lmpugned Notification issued by the Respondent No,2 herein vide Notification No.501/FSS112020, dated 06-01-2020 imposing prohibition of sale of certain Tobacco and pan Ivlasala products under Section 30 of Food safety and standards Act, 2006 and Food Safety and Standards (Prohibition and Restriction on Sales) Regulation 2011, as illegal, arbitrary and violative of Article 14, 21 , 19 (g) and 301 of Constitution of lndia and against the mandatory provisions of COTPA 2003 vide Section 3 (p) and further declare that the Respondent No.2 have no authority and jurisdiction to issue the said notification dated 06-01-2020 against the mandatory provisions of COTPA 2003 and consequently direct the Respondents herein not to interfere and harass,the smoothful, lawful business activities of manufacturing, storingand sale of tobacco products like ZARDA, KHA|Nl, and other tobaccoproducts, permissibleunder the provisions of coTPA 2003 by the petitioner in the name and style ofAslam General Stores situated at Shop No. 1, Limrah tr/asjid Complex,Ambedker Chowk, Adilabad also at D.No.6-2-7614, Adilabad District, Telangana State
a^-'-t^"""-'' (sPe
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N#"*.." ,^erSection151 cpc praying that in the circumstrn6ss513{sflin the affidavitfiled in supportof the petition' the HighCourt maybe pleasedto pass an Order,directing the respondentsherein not to interfere andharassthe smoothful' lawfulbusinessactivities and Sale of Tobacco products permissibleunder the provisions ofCOTPA2003by the Petitioner in the name and style of Aslam General storessituatedat shopNo.1, Limrah Masjid comprex, Ambedkerchowk, Adilabad also atD.No.6-2-761 4, Adilabad District, Telangana Statein his firm, branchesand godowns atAdilabad, by suspending the lmpugned Notificationissued by the RespondentNo.2 herein videNotification No'501/FSS-1l2O2O ' dated06-01-2020' pending disposalof main W P in the interest of Justice
Counselfor the Petitioner:SRIM' A' K' MUKHEED
Counsel forRespondent Nos'1,3 & 6: GP FOR HOME
Counsel forRespondent No' 2: GP FOR MEDICAL' HEALTH& FAMILY WELFARE
Counsel forRespondent No. 4: GP FOR COMMERCIAL TAXES
Counsel forRespondentNo. 5: SRI B' NARASIMHA SARMA
WP NO: 11685 0F2020
Between:
Huzaifa Traders,Rep by its Proprietor QyeO.S-trg!10Ali S/o Syed.Zahed AII Aged !dJ,li ss ,"io'o.i.Bilsiness,'R/o H.Nio.4-5-361,BhLrkrapur,Adilabad District. B;;i,i"* AAOr".i ,t.D.No.6-186,MainRoad lchoda'Adilabad ...pE,,oNER
AND
Petition under Article 226 of lhe Constitution of lndiapraying that inthe circumstances stated in the affidavit filed therewith, the High Court may bepleased to pass an order/orders, or issue any direction/directions or appropriate writ more particularly in the nature of WRIT OF N/ANDAIVUS declaring the lmpugned Notification issued by the Respondent No.2 herein vide Notification No.501/FSS112020, dated. 0610112020 imposing prohibition of sale of certain Tobacco ano Pan N,4asala products under Section 30 of Food Safety and Standards Act, 2006 and Food Safety and Standards (Prohibition and Restrictron on Sales) Regulation 2011, as illegal, arbitrary and violative of Article 14, 21 , 19 (g) and 301 of Constitution of lndia and against the mandatory provisions of COTPA 2003 vide Section 3 (p) and further
)'
ffi::1f:l:J:H;i"'No 2 have no authority and jurisdiction to issue the said co n se q ue n, y d i rect th e'-':ff il,'J "rH; " ::il ::1,';:,:, ::;";:: :;: smoothfur, rawfur business activities of manufacturing, storing and sare of tobacco products rike ZARDA, KHArNl, and other tobacco products, permissibre under the provisions of corPA 2003 by the petitioner in the name and style of Huzaifa Traders, situated at D.No.6-186, Ivlain Road lchoda, Adilabad, Telangana State
lA NO: 1 OF 2020
Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to pass an order, directing the respondents herein not to interfere and harass the smoothfur, lawful business activities and sare of robacco products permissibre under the provisions of corPA 2003 by the petitioner in the name and styre of Huzaifa Traders, situated at D.No.6-'186, lr,4ain Road lchoda, Adilabad, Telangana State, Telangana State in his firm, branches and godowns at Adilabad, by suspending the lmpugned Notification issued by the Respondent No.2 herein vide Notification No.501/FSS-1/ 2020, dated. 0610112020, pending disposal of main w.p. in the interest of Justice Counsel for the Petitioner: SRI M. A. K. MUKHEED
Counsel for Respondent Nos. 1,3 & 6: GP FOR HOME
Counsel for Respondent No. 2: GP FOR MEDICAL, HEALTH & FAMILY WELFARE
Counsel for Respondent No. 4: GP FOR COMMERCIAL TAXES
Counsel for Respondent No. 5: SRI B. NARASIMHA SARMA
WP NO: 11691 OF 2020
Between:
lV/s. l.A. Traders, Rep by its ProprietorSyed lmran S/o Syed.Ahmed, Aged about i2 vears. occ. Busin'esd, R/o H.No.13-87,Shadnagar, BesideRahm ania lVlasjid, eaiiaUaO Business Address6-6-11131141111/2,Bhuktapur,Adilabad Also at 1-145t4lgt4t1 & 1-1-4614tgt4l113,Collector Chowk,AdilabadDistrict
PETITIONER
AND
Petition underArticle 226 of the Constitutionof lndia praying that in the circumstancesstatedintheaffidavitfiIedtherewith,theHighCourtmaybepIeased topaSS anorder/orders,or issue any direction/direCtionSor appropriatewrit more
u
particularlvin the nature of WRITOF NIANDAtvIUSdeclaringthe lmpugned Notificationissuedby the RespondentNo 2 herein vide NotificationNo'501/FSS- jt2o2o dated 06_01-2020imposing prohibitionof sale of certainTobacco and Pan Ivlasalaproducts under Section 30 of Food Safetyand Standards Act' 2006and FoodSafetyandStandards(ProhibitionandRestrictiononSales)Regulation201,1,as iregar,arbitrary and violativeof Articre 14, 21 , 19 (g) and 301 of constitution of lndia andagainst the mandatory provisionsof COTPA 2003vide Section3 (p) and furtherdeclarethattheRespondentNo.2havenoauthorityandjurisdictiontoissue the saidnotification dated. 06-01-2020 against the mandatory provisionsof corPA 2003 andconsequentlydirect the Respondentsherein not to interfere and harass' the smoothful,lawful business activities of manufacturing'storing and saleof tobaccoproductslikeZARDA'KHA|Nl'andothertobaccoproducts'permissible undertheprovisionsofCoTPA2003bythepetitionerinthenameandstyleofN4/s l.A. Traders,situated at D No 6-6-1 1t3t1411l112'Bhuktapur'Adilabad' alsoat D.No.1-1-45l4i9t4t1and1-1-4614tgl4l1/3'CollectorChowk'AdilabadDistrict' TelanganaState
lA NO:1 OF2020
PetitionUnderSecttonl5lCPCprayingthatinthecircumstanCeSstatedin the affidavitfiled in supportof the petition,the High Court may be pleased to paSS an Order, directingthe respondents herein not to interfere and harass the smoothful,lawfulbusinessactivitiesandSaleofTobaccoproductspermissible undertheprovisionsofCOTPA2003bythePetitionerinthenameandstyleoftt//s also at l.A.Traders,situatedatD.No.6-6-1113t14111112'Bhuktapur,Adilabad' District, D.No.'1-1-45l4lgl411and1-1-46t4lgt4tlt3,CollectorChowk,Adilabad TelanganaStateinhisfirm,branchesandgodownsatAdilabad,bysuspendingthe lmpugned Notificationissued by the RespondentNo.2 hereinvide Notification No-501 /FSS.1 l2o2o,dated: 06-01-2020' pending disposalof main W.P. in the interest of J ustice
Counsel for the Petitioner:SRI M. A. K. MUKHEED
Counsel for RespondentNos. 1,3 & 6: GP FOR HOME
Counsel for RespondentNo. 2: GP FOR MEDICAL, HEALTH& FAMILY WELFARE
Counsel for RespondentNo. 4: GP FORCOMMERCIAL TAXES
Counsel for Respondent No. 5: SRIB. NARASIMHA SARMA
WP NO: 11698 OF 2020
Between:
Shaik lnthivaz Ahmed , Slo.Fazal Ahmed. Aoed about 42 years, Occ.Business, Asifabad R/o.H.No.1'-1 3-235/ District 1. Near Noorani A,4asjid, Kaghizr;d;,'-(;;"r#;il;. AND ...PETITIONER
...PETITIONER
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'1 . The State of Telanqana , ff :'s L1"il;ir lg:."#[:i,i'x'1"'!i'i,.: 83 !t' c re t a ry H o m e D e p a rt m e n r "!.:,:il:!; :;ru;"Lr ;s::,'ilJ?]3 :x?"F#[",:!Tfi ;"^T#tx#::sl r. .t ne Utrector General of /Lakdkapul,Hyderabad. Po/ice' Telangana state, Police Head Quarters,
:iffi i$iif:i:Hi:#,5,,}1;k[s$1'.u:i?rffix:'.1r,Bir'rj,r3riri3; o rne hood safety officer, AsifaLaJ, Kumarambheem Asifabad District.
,,.RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue a writ of mandamus or any other appropriate writ order or direction declaring the Notification No.501/FSS1/2020, dated 06.01.2020 issued by the 2nd respondent as being illegal, arbitrary uncon stitutio na l, ultra virus the Cigarettes and other Tobacco products (prohibition of Advertisement and Reguration of rrade and Commerce, Production, Supply and Distribution) Act, 2003, in violation of p,nciples of naturai justice and in vioration of Articre 14, 19 and 21 of constitution of rndia and consequently to set-aside the same and direct the respondents not to interfere anrr harass the smoothfur, rawfur business activities and sare of tobacco products permissible under the provisions of corpA 2003 by the pefitioner ar Kaghaznagat town, Ad ila bad District
lA NO: 2 OF 2020
Petition under section 151 cPC Praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased prayed that this Hon'ble Court may be pleased to direct the Sth respondent to return the material seized in Crime No.240 of 2020 of Kaghaznagar (T) Police Station, Adilabad District, not to interfere in any manner with trade and business of products that fall within suspended notification No.501/FSS-1/2020, dated 06.01.2020 by the petitioner and to persons to whom the products are sold, pending disposal of the above writ petition
Counsel for the Petitioner: SRI V. YADU KRISHNASAINATH
Counsel for Respondent Nos. 1, 3,4 & 5: GPFOR HOME
Counsel for Respondent Nos.2 & 6: GP FORMEDICAL, HEALTH & FAMILY WELFARE
WP NO : 11710 OF 2020
Between:
S.D. Traders.Rep by its Proprietor Syed Jalalqd^din S/o Syed Nazeeruddin Aged about 39 vears, occ arrinJssl'ilo *o Nt:i boto. esrtaoaa'A r'.toi-l-azt, Ko maBokkaiguda. Adilabad rim B heem' AdDistrict i ra bad' E;".;i#'Xii"i".-'-'ui Telangana State ...pETt,oNER
AND
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/
iiffinriffi,,titx$:'{ffi i'},'!1fi'"' .. ta :t"r"m,y"l.i TiE3 ", Adi r a b a d' Adir a b a d Di stri ct' r er a ns ll3'?ftio u *t'
PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybepleased topassanorder/orders'orissueanydirection/directionsorappropriatewritmore particularlyin the nature of WRITOF MANDAI/US declaringthe lmpugned Notificationissuedby the Respondent No 2 hereinvideNotificationNo 501/FSS- 1l2O2Odated. 06-01-2020 imposing prohibitionof saleof certain Tobaccoand Pan Masalaproducts under Sectlon 30 of Food Safetyand Standards Act' 2006and FoodSafetyandStandards(Prohibition&RestrictiononSales)Regulation20,11'as ilregar, arbitraryand violativeof Articre i4, 21 , ig (g) and 301 of constitution of lndia andagainst the mandatory provisionsof COTPA 2003 vide Section3 (p) and further declarethat the Respondent No.2 have no authority and iurisdictionto issue the said notificationdated. 06-01-2020 against the mandatory provisionsof COTPA 2003andconsequentlydirecttheRespondentshereinnottointerfereandharass, thesmoothful,lawfulbusinessactivitiesofmanufacturing,storingandsaleof tobaccoproducts|ikeZARDA'KHAlNl,andothertobaccoproducts,permissible under theprovisions of coTPA 2003by the petitionerin the name and style of s'D. Traders, situated atD.No.2-190/6, Asifabad, Komaram Bheem,Adilabad, Telangana State
lA NO: 1 OF 2020
Petition under Section 151 CPCprayingthat in the circumstancesstated in the affidavit filed in support of thepetition,the High Court maybe pleasedto pass an Order, directing the respondentsherein notto interfere and harass the smoothful, lawful business activities and Sale of Tobaccoproducts permissible under the provisions of COTPA 2003 by the Petitioner in the name and style of S.D. Traders, situated at D.No.2-190/6, Asifabad, Komaram Bheem, Adilabad, Telangana State in his firm, branches and godowns at Adilabad, by suspending the lmpugned Notification issued by the Respondent No.2 herein vide Notification No.501/FSS112020, dated. 06-01-2020, pending disposal of main W.P. in the interest of Justice Counsel for the Petitioner: SRI M. A. K. MUKHEED
Counsel for Respondent Nos. 1, 3 & 6: GP FOR HOME
Counsel for Respondent No. 2: GP FOR MEDICAL, HEALTH & FAMILY WELFARE
Counsel for Respondent No.4: cP FOR COMMERCIAL TAXES
Counsel for Respondent No. 5: SRI B. NARASIMHA SARMA
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WP NO: 11716 OF 2020
Between;
,ProprietorSingirikonda r^yaers, Occ Business u^Ivagar, Ranga Reddv fltuidffi l,iul,i+,;^n,t;-l,{ffi uotony, L.B. Naqai
AND
...PETITIONER
...RESPONDENTS
Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to pass an order/orders, or issue any direction/directions or appropriate writ more particurarry in the nature of wRrr oF TvANDAIVUS decraring the rmpugned Notification issued by the Respondent No.2 herein vide Notification No.501/FSS_ 112020, dated.06-0i-2020 imposing prohibition of sare of certain Tobacco and pan lVlasala products under Section 30 of Food Safety and standards Act, 2006 and Food Safety and Standards (Prohibition and Restriction on Sares) Reguration 20.r 1, as illegal, arbitrary and violative of Article 14, 21 , jg (g) and 301 of constitution of tndia and against the mandatory provisions of corpA 2003 vide Section 3 (p) and further declare that the Respondent No.2 have no authority and jurisdiction to issue the said notification dated. 06-01-2020 against the mandatory provisions of corpA 2oo3 and consequently direct the Respondents herein not to interfere and harass, the smoothful, lawful business activities of manufacturing, storing and sale of tobacco products like ZARDA, KHAlNl, and other tobacco products, permissible under the provisions of COTPA 2003 by the petitioner in the name and style of [t//s Sai Kiranam and General Stores, situated at D.NO.3-4-127, RTC Colony, L.B. Nagar, Hyderabad also at D.N0.3-4-258, L.B. Nagar, Hyderabad, Telangana State
lA NO:'l OF 2O2O
Petition under section 151 CPCprayingthatin the circumstancesstated in the affidavit filed in support of thepetition,the HighCourt maybe pleased to passan Order, directing the respondents hereinnot to interfereand harassthe smoothful, lawful business activities and sale ofTobacco products permissibleunder the provisions of coTPA 2003 by the Petitionerin the nameand style of l,4/ s Sai Kiranam and, General Stores,situatedat D.N0.3-4-127, Rf C Colony,L B Nagar, Hyderabad also at D.NO.3-4-258,L.B. Nagar, Hyderabad,Telangana state in his firm, branches andgodowns at Hyderabad/ Rangareddy District,by suspending the
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spondentNo 2hereinvide Notificatton in the lmpugnedNotification issuedby the Re pendingdisPosal of main W P ruo.SOtlfSStt2O2O' dated' 06-01-2020' interestof Justice
Counselfor the Petitioner:SRIM' A' K' MUKHEED
Counselfor Respondent Nos' 1' 3 & 6: GP FOR HOME
Counselfor Respondent No' 2: GPFOR MEPLC'|Lj HEALTH& FAMILY WELFARE
Counselfor Respondent No' 4: GP FORCOMMERCIAL TAXES
Counselfor RespondentNo' 5: SRIB' NARASIMHASARMA
WP NO 11779oF 2020
Between:
BharathTraders. Rep by its Proprietor SamiullahKhan S/o AzmatullahKhan Aoed about 40 vearsut": 'Bu"J;;t: nlo H N".a-3-198 Paniesha colony' A;itabad DistrictBusines. nto"*l-J'!iii Nro e-s-sa+'tr/G Road' Adilabad Alsoat D.No.6-2-76la,Adilabad District ...pETrTtoNER
AND
Petition under Article 226 of theConstitutionof lndia prayingthat in the circumstances stated in the affidavitfiled therewith,the High Court may be pleased to pass an order/orders, or issue any direction/directionsor appropriatewrit more particularly in the nature of WRIT OF TVANDA[/US declaring the lmpugned Notification issued by the Respondent No 02 herein vjde Notification No.501/FSS112020, dated. 06-01-2020 imposinq prohibition of sale of certain Tobacco and Pan l\4asala products under Section 30 of Food Safety and Standards Act, 2006 and Food Safety and Standards (Prohibition and Restriction on Sales) Regulation 20'1 1, as illegal, arbitrary and violative of Article 14, 21 , 19 (g) and 301 of Constitution of lndia and against the mandatory provisions of COTPA 2003 vide Section 3 (p) and further declare that the Respondent No.2 have no authority and jurisdiction to issue the said notification dated. 06-01-2020 against the mandatory provisions of COTpA 2003 and consequently direct the Respondents herein not to interfere and harass, the smoothful, lawful business activities of manufacturing, storing and sale of tobacco products like ZARDA, KHA|Nl, and other tobacco products, permissible under the provisions of corpA 2oo3 by the petitioner in the name and style of Bharath rraders, situated at D.No.3-9-544, IVG Road, Adilabad District also at D.No.6-2-7614, Adilabad District, Telangana State
() I
IA NO: 1 oF2 020
Petition under section 1 5'r cpc praying that in the circumstances stated in the affidavit fired in support of the petition, tne High court may be preased to pass an order' directing the respondents herein not to interfe re and harass the smoothful, Iawful business activities and Sale of robacco produ*s permissibre under the provisions of corpA 2oo3 by the petitioner in the name and styre of Bharath rraders, situated at D.No.3-9-544, IVG Road, Adirabad District arso at D No 6-2-7614, Adirabad District, Terangana State in his firm, branches and godowns at Adirabad' by suspending the rmpugned Notification issued by the Respondent No.2 herein vide Notification No.50.1/FSS _112020. dated 06-01-2020, pending disposal of main W.p. in the interest of Justtce Counsel for the Petitioner: SRI M. A. K. MUKHEED
Counsel for Respondent Nos. 1, 3 & 6: Gp FOR HOME
Counsel for Respondent No. 2: Gp FOR MEDICAL, HEALTH & FAMILY WELFARE
Counsel for Respondent No. 4: cP FOR COMMERCIAL TAXES
Counsel for Respondent No. 5: SRI B. NARASIMHA SARMA
WP NO: 11853 OF 2020
Between:
Guru Krupa Pan Material AND Confectionary, Rep byits Proprietor Balaji lt4unde S/o Ramkishan l,4unde, Aged about 59years Occ. Business,R/ o H.No.4-5-B/ 4 / 11, Bhuktapur, Adilabad District Business Addressat. D.No.3-96/ 1, Chisdhari Khanapur Road, lndervelly, AdilabadAlso at.D N0.1-32,lndervellyAdilabadD. No. 1-39/ 1 , l,4uthnoor, Adllabad D No.8-97/4,lndervelly, Adilabad ...pEIIoNER
AND
5 f fre bommissioner of Central Excise,Unionof lndia Aayakar Bhavan' Basheerbagh, Hyderabad
6 i[" Srp"iiitend'ent of Police,AdilabadAdilabadDistrict Telangl.lf=SftRorr*
Petition under Article226 of the constitution of India praying that in the circumstances stated in theaffidavit filed therewith, the High Court may be pleased to pass an order/orders, or issue anyd irection/directionsor appropriate writ more particularly in the nature ofWRIT OF MANDAIVUSdeclaring the lmpugned Notification issued by theRespondentNo.2 herein vide NotificationNo.501/ FSS- 112020, dated. 06-01-2020imposing prohibition of saleof certain Tobaccoand Pan l/asalaproducts underSection 30 of Food Safetyand standards Act, 2006and Food safety and standards(ProhibitionAND Restrictionon Sales) Regulation2011'as illegal, arbitrary and violativeof Article 14, 21 , 19 (g) and 301 of constitutionof lndia and against themandatory provisions of COTPA 2003 vide Section 3 (p) and further
\o-
,
declarethat the Respondent No'2 have no authority and iurisdiction to issuethe said notificationdated06-01-2020againstthe mandatoryprovisions of COTPA2003 and consequentlydirect the Respondentsherein not to interfere666 [21355'the Smoothful,laWfUlbusinessactivitiesofmanufacturing,storingandsaleoftobacco products likeZARDA, KHAINI' and other tobacco products'permissibleunder the provisions ofCOTPA2003 by the petitioner in the name and styleof GuruKrupa Pan MaterialAND Confectionary' situated at D No 3-96/ 1' Chisdhari Khanapur Road' lndervelly,Adilabad' also at DNO l-32' lndervelly' Adilabad'D No l-39/1' lr/luthnoor,Adilabad, D.No.8-97/4, lndervelly,Adilabad District' Telangana state',
IA NO :1OF 2020
Petition underSection151CPC praying that in the circumstances stated in the affidavit filedin supportof the petition,the Highcourt may be pleased pleasedto passanorder'directingtherespondentshereinnottointerfereandharassthe smoothful, lawfulbusiness activitiesand Sale of Tobacco products permissible under the provisions of coTPA2003 by the Petitioner in the name and style of Guru Krupa pan Material & confectionary, situated at D.No.3-96/'1 , chisdhari KhanapurRoad, tndervelly, Adilabad, alsoat D.NO.1-32, lndervelly,Adilabad, D.No.1-39/ 1, [,4uthnoor, Adilabad, D.No.B-97l4, lndervelly,Adilabad District, TelanganaState in his firm, branches andgodowns at Adilabad,by suspending the lmpugned Notification issued by the Respondent No.2 hereinvide Notification No.501/FSS-1/2020,dated:06-01- 2020,pending disposal of main W.P. in the interest ofJustice
Counsel for the Petitioner: SRI M. A. K. MUKHEED
Counsel for Respondent Nos. 1,3 & 6: GP FOR HOME
Counsel for Respondent No. 2: GP FOR MEDICAL, HEALTH & FAMILY WELFARE
Counsel for Respondent No. 4: GP FOR COMMERCIAL TAXES
Counsel for Respondent No. 5: SRI B. NARASIMHA SARMA
WP NO: 11978 OF 2020
Between:
SS Traders, H.No. 3-6-72, Pumpingwell Road, Gandhlnagar, Khammam-3, represented by its Proprietor, Thota Veerabhadra Rao S/o Narasimha Rao, aged 44 yeas, Occ. Business, Rio H.No. 3-6-72, Pumpingwell Road, Gandhinagar, Khammam-3' T S'
...PETrroNER
AND
,/
t,t
,.,RESPONOENTS
Petition under Article 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue an appropriate writ, order or direction, more particurarry one in the nature of wRIT oF TVANDAIVUS decraring the Notification No.s01/FSS-1i2o2o dared 06_ 01-2020 issued by the Respondent No.3 herein imposing prohibition of sare of certain tobacco and pan masara products under section 30 of Food Safety and standards Act 2006 and Food safety and standards (prohibition and Restriction on sales) Regulation, 2011, as being iilegar, arbitrary, unauthorized and viorative of Article'14, 19(g), 21 and 301 of constitution of lndla and against the mandatory provisions of corPA 2003 and consequenily direct the respondents herein not to interfere and harass the lawful trade and business activities of the petjtioner with regard to tobacco products like Zarda, Khiani, etc, permissible under the provisions of COTPA 2003 in the name and style of SS Traders, H.No. 3-6-72, pumpingwell Road, Gandhinagar, Khammam-3
lA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an Order, directing the respondents herein not to interfere and harass thepetitioner in conducting lawful business activities and sale of tobaccoproducts permissible under the provisions of COTPA 2003 in the name and style of SS Traders,H.No. 3- 6-72, Pumpingwell Road, Gandhinagar, Khammam-3, by suspendingthe impugned Notification No,501/FSS 112020 daled 06-01-2020 issuedby the respondentNo,3 herein, pending disposal of the main W.P. in theinterest of Justice
Counsel for the Petitioner: SRI KADARUPRABHAKARRAO
Counsel for Respondent Nos. 1, & 3: GPFOR MEDICAL, HEALTH& FAMILY WELFARE
Counsel for Respondent Nos. 2,4 & 5: GPFOR HOME
Counsel for Respondent No. 6: GPFORCOMMERCIAL TAXES
Counset for Respondent No. 7 and 9:SRIN' RAJESHWARRAO ASSISTANT SOLICITOR GENERAL
Counsel for Respondent No. 8: SRIB. NARASIMHASARMA
,'t'\
WPNO:121260F 2020
Between:
tr.,4/s GeethikaEnterprises H No 20 5-146ie:; -",fif133il'513,.1i5-rt,fU,Tl!il" ) o s.r a or sr r n:*nt il;,i:P,Til, J# T0 !!,1,1 l :qJ{:Bji:i: lj':: "ii ; r N o V;;i;i";;;; Hitti,patv-onclra'Bhadradri' relansana ...PErrrroNER
AND
...RES''N,ENTS
Petition under Article 226 of the Constitution of lndiaprayingthat in the circumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an appropriate Writ, order or direction, moreparticularly one in the nature of WRIT OF IMANDAMUS declaring the Notification No.501/ FSS-1/2020 dated 0601-2020 issued by the Respondent No.3 herein imposing prohibition of sale of certain tobacco and pan masala products under section 30 of Food Safety and Standards Act 2006 and Food Safety and Standards (Prohibition & Restriction on sales) Regulation, 2011, as being illegal, arbitrary, unauthorized and violative of Article'14, 19(g), 21 and 301 of Constitution of lndia and against the mandatory provisions of COTPA 2003 and consequently direct the respondents herein not to interfere and harass the lawful trade and business acttvities of the petitioner with regard to tobacco products like Zarda, Khiani, etc, permissible under the provisions of COTPA 2003 in the name and style of M/s Geethika Enterprises, H.No. 20-51461911, Venkateswara Hills, Palvoncha,Bhadradri, Telangana
lA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an order, directing the respondents herein not to interfere and harass the petitioner in conducting lawful business activities and sale of tobacco products permissible under the provisions of corPA 2003 in the name and style of tvl/s Geethika Enterprises, H.No. 20-5-1461911, Venkateswara Hills, palvoncha, Bhadradri,
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Telangana' by suspending the impugned Notification No.501/FSS 1/2020 dated 0601-2020 issued by the respondent No.3 herein, pending disposar of the main w.p. in the interest of Justice
Counset for the petitioner: SRt KADARU PRABHAKAR RAO
Counsel for Respondent Nos. 1, and 3 : Gp FOR MED|CAL, HEALTH & FAMILY WELFARE
Counsel for Respondent Nos. 2, 4 & 5: Gp FOR HOME
Counsel for Respondent No. 6: Gp FOR COMMERCTAL TAXES
Counsel for Respondent No.7 and 9: SRI N. RAJESHWAR RAO
ASSISTANT SOLICITOR GENERAL
Counsel for Respondent No. 8: SRt B. NARASIMHA SARMA
The Court made the following: COMMON ORDER
I
THE HON'BLETTIE CTIIEF JUSTICEHIMA KOHLI
AND
THE HON'BLESRI JUSTICEB. VIJAY SEN REDDY
WRIT PETITIONNos. 11684' 11685'11691' 11698' 11710' 11716' 117 7 9, ll8S3.ll97 8 and 12126 of 2020
COMMONORDER:(Per theHon'bletheChief Justice Hima Kohli)
2 The present petitions are, accordingly, disposed ofalong with
the pending applications, ifany, with libertygranted to thepetitioners
to file fresh petitions as and when fresh cause of action arises.
//TRUECOPY//
SD/.I,NAGALAKSHMI assrsrAr.ifREGISTRAR i I X---'
I
SECTION OFFICER
HIGH COURT
DATED: 1010212021
COMMON ORDER
WP NO: 11684,11685, 11691,11698, 11710' 1'.1716,11779,11853,1'.1978 AND 12126 0F 2020
DISPOSING OF THE WRIT PETITIONS
WITHOUT COSTS
r'2.,
./
I
1 issue framed by the court
Whether the petitions challenging the tobacco and pan masala prohibition notification had become infructuous upon its expiry?
Aslam General Stores
The State of Telangana
The Commissioner of Food Safety
The Director General of Police, Telangana State
The Commissioner of Commercial Taxes
The Commissioner of Central Excise, Union of India
Hima Kohli
B. Vijay Sen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
