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High Court for State of TelanganaWP/16941/2017disposed of no costs

Mr. Kokala Naga Raju , Raju v. The State Of Telangana,

2017-06-06Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.16941 OF 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of respondent Nos.2 and 3 in harassing the petitioner by interfering with his life and liberty as illegal, arbitrary and contrary to the provisions of the Telangana Excise Act, 1968 and consequently, direct the respondents not to arrest the petitioner.

2.

Case of the petitioner is that he was engaged in the business of purchase and sale of jaggery and general items at Jangaon, Warangal District under valid license issued from the Agricultural Market Committee. During the course of his business, he sold Rs.2,000 kgs. of black jaggery to the retailers under valid bills and loaded the same in Mahindra Bolero Maxi Truck bearing No.AP 29 W 0438 on payment of hire charges. On 17.9.2016, when the said vehicle reached the outskirts of Tharigoppula Village limits, respondent No.3 police intercepted the vehicle and registered a case in Crime No.86 of 2016 for the offence punishable under Section 34(e) of the A.P. Excise Act, 1968 and torn the way bills. After that, no case was registered against the petitioner, but the respondents are harassing him by interfering with his life and liberty and also trying to arrest him. Hence, he filed the present writ petition.

3.

Heard and perused the material available on record.

4.

Considering all the facts and circumstances of the case and the grievance of the petitioner, without going into the merits of the case, the respondents are directed not to interfere with the affairs of the petitioner without following the due process of law. 5.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

6.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO Date : 06.06.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.16941 OF 2017 Date: 06.06.2017 AMD