Gunda Ramesh v. The State Of Telangana, Rep. By Its Principal Secretary,
THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.1805 of 2016 ORDER:
The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in harassing by interfering with the business of the petitioner in jaggery under valid licence and also seizing the jaggery and alum even though on production of bills and way bills evidencing that it was purchased under bills and transported under way bills and not allowing the petitioner to carry on business in black jaggery and alum, as illegal and arbitrary and without any authority of Law and consequently direct the respondents not to interfere or in any manner seize the stocks, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case"
The Prohibition and Excise Inspector, Godavarikhani-I, Karimnagar District, filed a counter-affidavit, wherein he stated as under:
"In reply to para 4, it is submitted that the owner of Jaggery has selling low quality Jaggery/Alum to the ID manufacturers/sellers without valid permit/licence and way bills that due to which the crime in this district come under control since last (2) years so on the instructions of the higher officers the Proh& Excise officials are conducting raids on kirana shops only on the information but not interfered in their business and the black/white jaggery is the main raw material for manufacture of ID liquor." In the light of the afore-stated unrebutted averments in the counter-affidavit, which are duly taken on record, it is clear that there is no interference in the day-to-day business of the petitioner. In that view of the matter, no adjudication is warranted on merits. Sri N. Hari Prasad, learned counsel for the petitioner, is also
agreeable to the closure of the case recording the afore-stated stand of the authorities.
The writ petition is accordingly closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 23rd February, 2016 IBL