Mr. Mohd Naseer v. The State Of Telangana And 3 Others

THE HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.17419 of 2019 ORDER:

This writ petition is filed challenging the action of the respondent Nos.2 to 4 in interfering and disturbing the petitioner's business running under the name and style of 'J.P. Sweet House', Katta Road outside the premises of Dargah Hazrath Jahangir Peeran (Rh.) situated at Inmulnarva Village, Kothur Mandal, Mahaboobnagar District.

2.

Heard learned counsel for the petitioner and Sri Farhan Azam Kham, learned Standing Counsel for respondent No.2. 3.

Learned counsel for the petitioner submits that the writ petition can be disposed of by recording para 5 of the counter-affidavit. 4.

The para 5 of the counter-affidavit, reads as under: It is submitted that the allegation of the Petitioner is that the Petitioner is running a Laddu Shop with other sweets outside the said Dargah Hzt. Jahangir Peeran (Rh.) but the officials of the Respondent No.2 and 4 visited the business premises of the Petitioner and directed him to close the shop and also threatened the Petitioner if he does not closes the shop the officials of the 4th Respondent will close by force. The said allegation of the Petitioner levelled in para-7 & 8 of the Petitioner's Affidavit is false and baseless and the same are vehemently denied. It is submitted that the officials of the 2nd Respondent never visited the Laddu Shop of the Petitioner and nor threatened him to close the shop. The Petitioner may be put to strict proof of the same."

5.

Learned Standing Counsel submits that if the petitioner is doing any business in the premises of Dargah, liberty may be given to the competent authority to take action.

6.

In view of the facts and circumstances, the writ petition is disposed of by recording para 5 of the counter-affidavit. However, liberty is given to the competent authority to take action in case the petitioner does any business in the premises of Dargah. Miscellaneous petitions pending, if any, shall stand closed. No costs.

__________________________ A. RAJASHEKER REDDY, J 23rd August 2019 mar