Mohammad Muthalib, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Writ Petition No.44158 of 2017 ORDER:

This writ petition is filed seeking verbatim the following relief/s: '.. to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents No.2 & 3 in interfering with the cultivation of Sugar Cane and manufacturing of white jaggery and black jaggery under valid license by the petitioner in his agricultural lands an extent of Ac.2-08 in Sy.No.386/A respectively situated at Turmamidi Village, Bantwaram Mandal, Vikarabad District, (R.R) District without there being any authority of law as arbitrary, illegal and contrary to the provisions of A.P. Excise Act, 1968 and violation of petitioners rights guaranteed under Art.19(1)(g) and 21 of the Constitution of India and consequently direct the respondent Nos.

2 and 3 not to interfere with the cultivation of Sugar Cane and manufacturing white jaggery and black jaggery under valid license by the petitioner in his agricultural lands an extent of Ac.2-08 in Sy.No.386/A respectively situated at Turmamidi Village, Bantwaram Mandal, Vikarabad District, (R.R) District, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.' When the matter is heard, it is submitted by the learned counsel for the petitioner that the issue in the present writ petition is squarely covered by the order, dated 16.03.2017, in W.P.No.6660 of 2017 and that following the said decision, a similar order was also passed on 10.10.2017 in W.P.No.33845 of 2017 and that this writ petition may also be disposed of by passing similar orders to meet the ends of justice.

The operative portion of the order in W.P.No.

"Having considered the respective submissions, the Writ Petition is disposed of with a direction to the respondent authorities not to interfere with the lawful business carried on by the petitioner, without there being any material,

and if at all there is any violation on the part of the petitioner, the respondent authorities shall mandatorily issue notice before proceeding to take any action. However, this order will not preclude the authorities in exercising the powers of search and seizure in the event there is a material with the department with respect to any unlawful activity suspecting to be carried out by the petitioner."

Learned Government Pleader endorses the said submissions. Following the said order and for the reasons stated therein, this writ petition is also disposed of in terms thereof. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.

Office is directed to enclose a copy of the order, dated 16.03.2017, in W.P.No.6660 of 2017 to this order.

__________________________ M.SEETHARAMA MURTI, J 02.01.2018 Note: Issue CC in two (02) days.

[B/o] Vjl