M/S Durga Traders, v. The Deputy Superintendent Of Police

THE HON'BLE SMT JUSTICE ANIS WRIT PETITION Nos. 29552, 29559, 29606, 29612 and 29627 of 2013 COMMON ORDER:

All these writ petitions are filed under Article 226 of the Constitution of India for issuance of an appropriate writ in the nature of a direction declaring the action of the respondents in harassing the petitioners by interfering with their business in black jaggery. On 10.10.2013, this Court passed interim orders in all the writ petitions, which read as follows:

"Subject to the writ petitioner depositing a sum of Rs.10,000/- (Rupees ten thousand only) with the Station House Officer, Mahaboobabad Prohibition and Excise Station, Warangal District, the seized stock of jaggery be released. So long as the petitioner does not store 20 kgs. of jaggery at any given point of time for his business activity, it may not be interfered."

Learned counsel for the petitioners argued that the petitioners are engaged in purchase and sale of jaggery and other kirana items and they never indulged in any sort of clandestine business and they are purchasing the black jaggery and alum from various places in the State and outside the State under valid bills. He submitted that this Court on 13.08.2007 passed an order in W.P.No.18378 of 2007

directing the official respondents not to interfere with the purchase and sale of black jaggery and alum under proper bills and the Commissioner of Prohibition and Excise in his proceedings, dated 22.12.2001, has clarified by directing its Law Enforcing authorities not to harass the business people, who are doing business in black jaggery which is purchased under valid bills and the permits issued by the Market Committees.

On the other hand, learned Government Pleader for Home appearing for the respondents submits that the respondents will not interfere with the business of the petitioners, if they possess valid bills and proper permits issued by the Market Committees. Considering the facts of the case and recording the submission of the learned Government Pleader for Home, the interim orders dated 10.10.2013 passed in favour of the writ petitioners are made absolute, and subject to the interim orders, the writ petitions are disposed of. Consequently, miscellaneous petitions if any pending in the writ petitions shall stand closed. There shall be no order as to costs. _________________ ANIS, J.

17th September, 2016 cbs

THE HON'BLE SMT JUSTICE ANIS WRIT PETITION Nos. 29552, 29559, 29606, 29612 and 29627 of 2013 17th September, 2016 cbs