M/S. Sri Lakshmi Ganesh Traders, v. The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY THE TWENTYFIFTH DAY OF NOVEMBER TWO THOUSAND AND FIFTEEEN PRESENT HONOURABLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 2460 OF 2012 Between:

M/s. Sri Lakshmi Ganesh Traders Rep.by its Proprietor: Bharatha Lakshminarayana Ranganayakaswamy street, Jaggaiahpet, Krishna district & Ors. ... Petitioner Vs.

The Station House Officer, Prohibition & Excise Station,

Jaggaiahpet, Krishna district & Ors. ... Respondents Counsel for the Petitioners: Sri P.Kasi Nageswar Rao Counsel for the Respondents: GP for Prohibition & Excise GP for Home The Court made the following: [order follows] HONOURABLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION NO. 2460 OF 2012 O R D E R :

This writ petition is filed under Article 226 of the Constitution of India for the following relief :

"To declare the action of respondents in harassing and interfering with the business of the petitioner in black jaggery and alum 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, arbitrary and without any authority of law and consequently to direct the respondents not to interfere in any manner or seize the stocks and to grant such other suitable reliefs as this court may deems fit and proper in the circumstances of the case."

2. On 02/02/2012 this court, while ordering Rule Nisi, granted interim order in WPMP.No. 3073 of 2012 directing the respondents not to interfere with the business of the petitioner, who deals in black jaggery and alum. This Court also made it clear that if there is any allegation that the supply of such material is for the purpose of illegal distillation, the same will not preclude the respondents to take action in accordance with law.

3 . A counter-affidavit is filed by the Station House Officer, Prohibition and Excise Station, Jaggaiahpet, Krishna district. At Para No.3 of the counteraffidavit, it is stated that the Respondent No.1 did not conduct any raid on the lawful business of the petitioner and never seized any quantity of black jaggery and alum so far and it is also stated that the Respondent No.1 never threatened the petitioner about carrying out his lawful black jaggery and alum business and the petitioner did not quote any such single instance in his affidavit.

4. During the course of hearing, it is submitted by the learned counsel for the petitioner that in view of interim orders, no further orders are required to be passed in the writ petition.

5. On the other hand, it is submitted by the learned Government Pleader that

the respondents are entitled to take action against the petitioner in the event of there being any violation of the provisions of law by the petitioner.

6. In view of the above and having regard to the nature of controversy, the writ petition stands disposed of, directing the respondents not to interfere with the lawful business of the petitioner herein. It is also made clear that this order will not preclude the respondents from taking action in accordance with law in the event of there being any violation of the provisions of law by the petitioner. No costs.

7. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

_____________________ JUSTICE A.V.SESHA SAI

25/11/2015 I s L HONOURABLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION NO. 2460 OF 2012 Date: 25/11/2015 Circulation No.191

Court Master: I s L