Disposed

Garlapathi Sathish Kumar, v. The State of Telangana

Telangana HC3 Oct 2024WP/27504/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 226 challenging alleged harassment and illegal searches regarding pan masala products without tobacco, and a section 151 CPC application for interim protection of business, the Single Judge orally disposed of the writ petition after the State Government admitted no interference had occurred.

What did the court decide?

The writ petition was disposed of; no order as to costs; miscellaneous applications, if any, stand closed.

Garlapathi Sathish Kumar, Vs The State of… — Public Procurement and Tenders | Telangana HC (2024)

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[³¹⁸³¹

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDOY

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WRIT PETITION NO: 27504 OF 2024

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Between:

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Garlapathi Sathish Kumar, S/o Darlapathi Harinadham,^{Aged about.44years,Occ} Busin'ess Rto.9-114t12t1, Chenna Reddy thota^{Peerzadiguda, Medchal Malkaigiri} Dist10.

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,....PETITIONER

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AND

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The State of Telangana, Rep. by Principal Secretary^{to Government,Home} Department, Secretariat, Hyderabad,

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The Commissioner of Food Safety, Telangana,^{Directorate of lnstitute of} Preventive Medicine, Public Healih Labs and Food^{(Health)Administration,} Narayanaguda, Hyderabad -500029.

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The Commissioner of Police, Rachakonda Commissionerate,^{at Malkajgiri.}

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The Statlon House Officer, Medipally Police Station,^{At Medipally' Medchal-} Malkajgiri District.

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.....RESPONDENTS

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Petition Under Article 226 of the Constitution^{of lndiaprayingthat in the} circumstances stated in the affidavit fited therewith,^{the High Courtmay be} pleased to issue an appropriate writ, order or direction more^{particularly one in} the nature writ of mandamus, declaring the action^{of the Respondent No.3 to 4} authorities and their^personnel in harassing the^{petitioners by conductingillegal} search for seizing of^pan masala^{productswhich does not contain tobacco and} nicotine and also for chewing tobacco^products in^{pursuant to the Notification} No.602/FSS-1/2024, dated 24-05-2024^{issued by the Respondent No.2 as} arbitrary, illegal, in contrary to the Food Safety^{and Standard Act, 2006 and the} FSS Rules, 2O11 and contrary to the Cigarettes^{and Other Tobacco Products Act,}

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2003 and u nco nstitutiona I besides violation of principles of natural justice and consequently direct the respondent authorities not to interfere in any mariner with the trade and business of the petitioners.

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|.A.NO:1 OF 2024

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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 direct the Respondents not to interfere with the trade and business activity of the Petitioners, their personnel and the persons/entities to whom they dealing with tobacco products, pan masala other than the Gutka (which is mixer of tobacco, pan masala and nicotine) in pursuant to notification No.602/ESS-1/2024, dt.2405-2024 pending disposal of the main writ petition.

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Counsel for the Petitioner : SRI SRINIVAS REDDY BALAKISTI

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Counsel for the Respondent Nos.1, 3 & 5 : GP FOR HOME

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Counsel for the Respondent No.2 : GP FOR MEDICAL AND HEALTH The Court made the following ORDER

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HONOURABLE^SRI JUSTICE^{B. VIJAYSEN REDDY}

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WRIT PETITI^{ON No.2750oF2024}

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ORDER:^(ORAL)

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This writ^{petitionis filed by the petitioner seekingto declare} the action^{of respondentsNo'3 and 4 in interferingwith his business} activity,^{without foltowingdue process of law' as being illegal' arbitrary} and unconstitutional'

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Heard Mr.^{Srinivas Reddy Balakisti' leamed counsel for the} petitioner,^{and Mr' R' Laxmikanth Reddy' leamed Assistant Government} Pleader^{for Home, and} Peruse^{d the materialon record}

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Leamed^{counsel for the petitioner submittedthat the petitioneris} not selling^{any tobacco products and there is no violationof provisions of} the Cigarettes^{and OtherTobaccoProductsAct' 2003 and the Food Safety} and Sbandards^{Act 2006 and Rules made there under' Despite the same'} respondents^{No.3 and 4 are harassing the petitionerby aflegingthat he is} selling^{pan masala productswhich containtobacco and nicotin' Leamed} counsel^{submitted that the petitioneris not selling any products'which}

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contain^{tobaccoand nicotin}

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Leamed Assistant Government^pleader for Home, or.r the basis of the written ins tr uc tions dated 01.10.2024, submitted that subsequent to the filing of this ^,rit petitiory respondent No.4 _ the Station House officer, Medipally Police station, verified the station records and it was revealed that as of now, no complaint is pending/registered against the petitioner. It is further stated that respondent No.4 never called, raided, harassed, threatened, or interfered with the business activity of the petitioner nor has taken any coercive steps against him.

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A copy of the written inshuctions is served on the learned counsel

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for the petitioner.

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In view of the categorical statement made by the learned Assistant Government Pleader for Home that respondents No.3 and 4 never interfered with the business activity of the petitioner in any manner nor has taken any coercive steps against him, recording the same, the writ petition is disposed of. There shall be no order as to costs.

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As a sequel thereto, miscellaneous applications, if any, pending in

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this writ petition, stand closed.

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SD/- N. SRIHARI ASSISTANT EGISTRAR //TRUE COPY// ( SECTION OFFICER

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1 The Principal Secretary to Government, Home Department, Secretariat, State ot I elangana at Hyderabad.

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2 The Commissioner of Food Safety, Telangana, Directorate of lnstitute of Preventive Medicine, Public Health Labs and Food (Health) Administration, Narayanaguda. Hyderabad -500029.

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3 The Commissioner of Police Rachakonda Commissionerate at Malkajgtn 4 The Station House Officer, Malka iri District Medipally Police Station, At Medipally, Medchal- 6t

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5 Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT] 6 One CC to SRI SRINIVAS REDDY BALAK|ST|, Advocate tOpUCI 7 Two CD Copies SA LS

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HIGH COURT

DATED:0311012024

ORDER

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WP.No.27504 of 2024