The Court disposed of a writ petition challenging excess charging above MRP, dual MRP, and service charges in Telangana. The petition was deemed infructuous due to amendments in the Legal Metrology Act and the introduction of GST.
The writ petition was disposed of as infructuous without costs.
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 COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction)
WEDNESDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION(PlL) NO: 142 OF 2017
Between
Pendyala Satish Kumar, S/o. Late Pendyala Venkatesham, Age: 27 Years, Occupation: Advocate, H.No,3-12-15/b, Ganesh Nagar, Ramanthapur, Hyderabad, 500013.
...PETITIONER
AND
..,RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying thatin the circumstances stated in the affidavit filed therewith,the High Courtmay be pleasedto issue a Writ, Order or Direction, moreparticularly onein the nature of Writ of Mandamus or any olher appropriate writ declaring,
(a) That charging more than N/RP and charging dual MRP for the same quantity and same brand of mineral water and other packed commodities in the state of Teiangana by lhe manufacturers,companies, retailers, suppliers, dealers, packers, Multiplexes, Cinema Halls, Hotels andrestaurants, Airports, Bus stations, as unfair tradepractice, illegal and ultra virus of LegalMetrology Act,2009, Legal Metrology (Packaged Commodities) Rules, 201 1 and Consumerprotection act 1986,
(b) To direct the respondents no.1 and 2 to make inspeclion and seize lhe packaged commodities being sold by violating the Legal l,'letrology Act, 2009, Legal Ivletrology(Packaged commodities ) Rules,201 '1 and take action under sec 29 and 36 of Legal lvletrology Act,2009.
(c) To direct the respondents no.1 and 2 to enforce the advisorygiven byLegal N/etrology department, dated: 22-09-2017.
(d) To declare that charging service charge by Hotels and restaurantsas illegal and direct the respondents no.1 and 2 toenforceguidelines dt:21'04-2017 issuedby [,4inistry of Consumer affairs, Food andPublic Distribution( Departmentof Consumer Affairs).
(e) To direct the respondents no.1 and 2 to enforce theJudgments givenby District consumer dispute redressalforum atHyderabad, consumercase No.399/2016, Vijay Gopal Vs lnoxft,'lultiplex,dated:o4 Aptil 2017 and National consumer Dispute Redressal Commission,New Delhi, Revision petition No. 2038 of 2015, Big cinemas &Others Vs Manoi Kumar,dated:01-02-2016.Toinstall/provide
I
freepurified water outlets adjacentto Entrance or exit of screens or any other places which is convenient to the customerwhopurchasedthe Cinematickets and the said I place shall be easily visible at the expense ofpremises owners
(f) To direct respondents no.1 and 2 to takemeasuresto bring awareness among the consumers on chargingmore than MRP, dual MRP in Multiplexes, Cinema Halls, Hotels and restaurants, Airports,Bus stations and charging Service chargein Hotels and reslaurants, bygiving advertisementsin print and electronic media Also making mandatory for I,4ultiplexes,CinemaHalls, Hotelsandrestaurants,Airports, Bus slations and other big retailshops at the expensesof thepremises ownersto erect flexes or banners displayingthat charging morethan[,4RP,dual MRP forsame quantity and same brand mineral water and otherpackaged commodies,charging Service charge in Hotels andrestaurantsas illegaland amounts to unfairtrade practice.
(g) To declare mineral water and drinking water as an essentialcommodity under Essential commoditiesAct, 1955. WP P L N : 245 OF 20
Petition under Section 151 CPCprayingthat in the circumstances statedin the affidavit filed in support of thepetition, theHigh Court may be pleasedto direct the respondent no.1 & 2 to forthwith enforcethe advisory givenby LegalMetrology department, dated:22-09-2016 and accordingly makeinspection and takeaction under sec 29 and sec 36 of LegalMeteorologyAct,2009, on manufacturers, companies, retailers, suppliers, dealers,packers, multiplexes, Cinema Halls,Hotels and restaurants, Airports, Bus stationsin thestate of Telangana whereminer water bottle and otherpackaged commoditiesare being soldmorethan N,4RP and also on thepremises where dual MRP is beingchargedon the same quantityandsame brand mineral water bottle and seize thestockwhichis being sold in violation of Legal Meteorology Act, 2009 andLegal Meteorology(PackagedCommodities rules)2011. Further Direct the respondent no.1to make inspectionon hotels and restaurants in the state oJ Telanganawhere service charge is being charged on the consumers against theguidelines issued by the[4inistry of Consumer Affairs,Food and Public Distribution date 21-04-2017.
Counsel for the Petitioner: SRl. YAKARAPUSHEELU
Counsel for the Respondents: GP FOR CIVILSUPPLIES
The Court made the following: ORDER
THE HON 'BLE THECHIEFJUSTICESATISIICHANDRA
AND
THE HON'BLE SRI JUSTICEABHIN KUMAR
WRIT ON(PILI No.14 of 2OL7
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Learned counsel lor thepetitioneris fair enough in stating before this Court thatthe present w tpetition (publicinterest litigation) has become infructuous,on accountof amendmentto Legal Metrolory Act,2OO9 as well as introductionof GST.
In the light of the aforesaidstatement, the present writ petition (public interest litigation)standsdisposedofas infructuous.
Pending miscellaneousapplications'ifany, shallstand
closed. There shallbe no order as to costs.
SD/.P. PAOMANABHA REDDY ASSISTANTREGISTRAR //TRUE COPY// l)o SECTION OFFICER
To, 1 One CC to SrrYakarapu Sheelu, AdvocateIOPUCI 2 i*" 6c.io op ioiCiiii supptiei,Highcourtforthe State of Telangana at Hyderabad. [OUT] 3. Two CD Copies 4 One SpareCoPY CHR BS +
HIGH COURT
DATED:09/0212022
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ORDER
W. P.(PlL).N o.1 42 ot 2017
DrsPosrNG oF THE W.P.(PrL) AS INFRUCTUOUS WITHOUT COSTS
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2 issues framed by the court
Whether the writ petition is maintainable in light of the amendment to the Legal Metrology Act, 2009 and the introduction of GST.
Whether the issues raised in the habeas corpus petition regarding charges above MRP and service charges have been addressed post-GST.
6 provisions across 6 enactments
Pendyala Satish Kumar
State of Telangana
Department of Legal Metrology, Telangana
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
