Petitioners challenged an eviction notice violating a prior High Court order. The Court affirmed the notice is set aside and permitted petitioners to run the shop until 15.04.2024 due to a compromise.
Notice vide Cr.No.E1152/2024 dated 01.02.2024 set aside; petitioners permitted to run liquor shop in existing premises up to 15.04.2024.
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.
[32e61
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 3146 0F 2024
Between:
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the actbn of the Respondent No.3 in issuing the Notice vide Cr.No. E115212024 dated 01.O2.2024 and insisting thepetitioners to vacate from the Wines Shop under the name and.styl€ M/s-Jai Mata Wines situated at H.No.11-5-23011 and 11-5-23012, Moosapet, Balanagar Mandal, Medchal - Malkajgiri District without giving any reasonable opportunity of hearing ishow cause notice to Petitioners to putforth objections under the purport to implement
orders made in W.P.No.805 ol 2024 dated 10.01.2024, as illegal, arbitrary, unconstitutional and violative of principles of naturaljustice and contrary to the orders dated 1O.O1 .2024 made in WP.No.805 of 2024 and consequently to set aside the Notice vide Cr.No.E1l52l2O24 dated 01 .02.2024 issued by the Respondent No.3.
lA NO: 1 OF 2024
Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings arising out of the Notice issued by the Respondent No.3 vide Cr.No.E115212024 dated 01.02.2024, pending disposal of Writ Petition.
Counsel for the Petitioners: SRI E. MADAN MOHAN RAO, SENIOR COUNSEL FOR SRI K RAGHAVA RAMANA
Counsel for the Respondent Nos.1 to 4: AGP FOR PROHIBITION EXCISE
Counsel for the Respondent No.S: SRI T. RATAN SINGH
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE C.V. BHASKAR R-EDDY WRIT PETITION No.3l46 OF 2024
ORDER:
This writ petition is hled seeking following reliet
" ... .to issue Writ, Order or Drectionmorepartianlarly one in the nature of Writ of Mand.amus to declare tle actionof respondent No.3 in issuing the Notice uide Cr.No.El / 52/ 2024 dated 01.O2.2O24 and insi.sting th.e Petitioners touacate from the Wines Shop under the nam.e and styleM/ s.JaiMata Wines sihtated at H.No.11-5-230/1 and 11-5-230/2,Moosapet, Balanagar Mandal, Medchnl-MalkajgiiDi-strict, tuithoutgiuing ang reo.sonable oppoltunitA of heaing / shottt causenotice to Petitioners to putfurth objections under thcpurportto irry)lement orders made in WP No.805 of 2O24, dated 1O.O1.2024 as illegal, arbitrary, unconstitutional and uiolatiue of pinciples of nafitaljustice and contrarytn the ordersdated 1O.O1.2O24 made in WP No.8O5 of 2024 and consequentlyto set aside tle Notice uide Cr.No.El/ 52/ 2024,d.ated A1.O2.2O24 issued bg respon-dent No.3..."
2
Il-5-23O/2, Moosapet, Balanagar Mandal, MedchalMalkajgiri District. It is the further case of the petitioners that respondent No.S frled a complaint before tJle respondents-police stating that the petitioners have not obtained any consent from him to run A4 Liquor Shop in the said premises and also hled W.P.No.8O5 of 2024.
3
that the disputes between the petitioners andrespondent No.5 are resolved amicably and they have enteredinto compromise deed, dated 25.02.2024 allowingthe petitioners to run the liquor shop in the saidpremises up to t5.o4.2024.
Miscellaneous Petitions, il any,pending in thiswrit petition shall stand closed.
SD/. V. KAVITHA ASSISTANT REGIS AR
//TRUE COPYII
SECTION OFFICER
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HIGH COURT
DATED:0610312024
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ORDER
WP.No.3146 of 2024
DISPOSING OF THE WRIT PETTTION
WITHOUT COSTS.
2 issues framed by the court
Whether to set aside an eviction notice issued without considering a prior High Court order directing consultation of stakeholders?
Whether to permit petitioners to run a liquor shop for a specific period based on a compromise deed between parties?
Kanchi Dinesh
Kolan Srinivas Reddy
State of Telangana
District Prohibition Excise Officer, Medchal
Mrulq.Srggkq1h
C. V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
