A writ petition challenging a notification prohibiting sale and manufacture of chewing tobacco products was dismissed as infructuous after counsel stated the cause did not survive for adjudication.
None; writ petition dismissed as infructuous with no costs and miscellaneous applications closed.
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.
[3300 I
TITGH GOURTFORTHE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
MONDAY,THETHIRD DAY OF FEBRUARY TWO THOUSANDANDTWENTY FIVE
PRESENT
THE HONOURABLESRIJUSTICE NAGESH BHEEMAPAKA
WRIT PETITIONNO:536 40F217
Between:
Sri VenkateswaraGeneral Store, Rep by its Proprietor'K. Karan KumarS/o #t6;;;6;;-[g"d -ss i";'i,--oi6 Busin'ess' R/o HNo2- 1-101' Prakasham Guni' Karimnaga
..pETrroNER
AND
...RESPONDENTS
Petition underArticle226 of the Constitutionof lndia prayingthat in the circumstancesstated in the affidavitfiledtherewith'the High Court may be pleased to issue a writ,order or direction,moreparticularly' one in the nature of Writ of mandamusdeclaringthe notification10 dated 10 01 '2017 issued by the third respondenthereinto the extentof its prohibition to manufacture'sell' distributeand selling of chaptobacco,pure tobacco' khainikarra' scented tobacco,flavouredtobaccoaSbeingillegalarbitraryandwithout|urisdictionand violative of Articles14, 19 (1) (g) of the Constitution of lndia and contrary to the clarificationproceedings File No'1 (7) 2011 / Delhi /FSSAI dated 10'10'2012 issued bythe first respondentand contrary to the law laid down by the Hon'bleCourtas well as the Hon'ble apex Court and set aside the same and
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consequentry direct the respondent Nos.2 to 6 herein not to i.terfere with the business affairs of the petitioner and other factors l.A. NO: 10F2017(WPMP. N : 651 2 0F 20171
Petition under section 151 cpc praying that in the circu,nstances stated in the affidavit fired in support of the petition, the High Court m:ry be pleased to direct the responcrent Nos.2 to 6 herein not to interfere with the business affairs of the petitioner herein for purchasing, selting of chap tobaccc, pure tobacco, khaini karra, scented tobacco and flavored tobacco
l.A. NO:2 OF 2017(WPMP. NO : 6681 OF 20171
Petition under section 151 cpc praying that in the circunlstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to file the Additional material papers in ry',,p.No. 5364 of 2017
Counsel for the petitioner: SRl. E. MADAN MOHAN RAO
Counsel for the Respondent No.1: SRI GADI PRAVEEN KUMAR,
counser ror the Respondent Nos. ,,louYp PSk $EXl" HEALTH & FAMILY WELFARE
Counsel for the Respondent Nos.4to6: Gp FOR HOME
The Court made the following: ORDER
HON'BLE SRT JUSTICE NAGESH BHEEMAPAI{A
WRIT PETITION No.5364of 2Ol7
ORDER:
When the matter is takenup, learned counsel for the petitioner submits that thecause in the writ petitiondoes not survive for adjudication.
2 Recording the said submission,this Writ Petition is
diqmissed as infructuous.No costs
Miscellaneous applications,pending ifany, shall stald
closed
LIKARJUNARAO SD/.S. MAL ASSt TANTREGISTRAR
//TRUECOPY// ECTIONOFFICER
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HIGH COURT
DATED:03 tOZt2O2i
ORDER
WP.No.5364 of 2017
..-i 14 ie
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APB
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DISMISSING THE WRIT PETITION AS INFRUCTOUS WITHOUT COSTS
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2 provisions across 2 enactments
Sri Venkateswara General Store, Rep by its Proprietor K. Karan Kumar
The Union of India, New Delhi, Rep by its Ministry of Health and Family Welfare
State of Telangana, Rep. by its Principal Secretary, Department of Food and Agriculture
Director of Public Health, Telangana State, Hyderabad
Director General of Police, State of Telangana, Hyderabad
Station House Officer, Town Police Station, Karimnagar District
Nagesh Bheemapaka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
