M/S.Ratan General Stores vs. The State Of Telangana
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The petitioner, M/s. Ratan General Stores, represented by its proprietor, filed a writ petition challenging the actions of the 6th respondent (Station House Officer, Jangaon Police Station). The petitioner alleged that the SHO was visiting their shop and godown, harassing and threatening family members without authority. The petitioner stated they sell kirana items, pan masala, and tobacco products permissible by the Telangana Government, and possess a valid GST Registration Certificate issued on 02.11.2023. The petitioner claimed the SHO interfered with their day-to-day business, alleging illegal sale of tobacco, gutka, and pan masala products that do not contain nicotine and are not banned. The petitioner also asserted compliance with Notification No. 542/FSS-1/2021, which prohibits the manufacture, storage, distribution, transport, and sale of gutka/pan masala containing tobacco and nicotine for a period of one year from 24.05.2025. The SHO allegedly claimed the petitioner purchased and sold materials without valid bills and permits.
Held
The Court disposed of the writ petition at the admission stage, without expressing any opinion on the merits of the case. The Court directed the 6th respondent (Station House Officer, Jangaon Police Station) to follow the due procedure contemplated under law before taking any action against the petitioner. The Court noted the submissions from both sides, including the petitioner's grievance of harassment and the respondents' submission regarding the petitioner's involvement in past criminal cases, the proceedings of which were quashed. The operative direction was solely to ensure adherence to legal procedure by the respondent before any action is taken against the petitioner. No specific finding was given on the legality of the petitioner's business or the SHO's actions, other than the procedural requirement.
Key Issues
1. Whether the action of the 6th respondent (Station House Officer, Jangaon Police Station) in visiting the petitioner's shop and godown, harassing and threatening family members, and interfering with the day-to-day business, is illegal, arbitrary, unjust, and without jurisdiction, violating the principles of natural justice, particularly concerning the sale of tobacco and pan masala products that are not banned and do not contain nicotine? Petitioner's contention: The petitioner argued that the SHO's actions were without right and authority, constituting harassment and interference with their legitimate business. They emphasized that the products sold were not banned and did not contain nicotine, and they possessed a valid GST registration. They relied on Notification No. 542/FSS-1/2021 to assert the legality of their business activities concerning the specified period. Respondents' contention: The learned Assistant Government Pleader for Home submitted that the petitioner was involved in three criminal cases (Crime Nos. 249 of 2025, 153 of 2025, and 660 of 2024) under Sections 272, 275 of the BNS, for which proceedings had been quashed by this Court in earlier writ petitions filed by the petitioner. The respondent further stated that the SHO was neither calling, harassing, threatening, pressurizing, nor interfering with the petitioner's personal life, liberty, or civil disputes, nor had taken any coercive steps.
Sections Cited
Section 30, Section 2, Section 3, Section 4
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER: Heard Sri Bala Murali. Y, learned counsel for the petitioner and learned Assistant Government Pleader for Home appea-ring lor the respondents. With their consent, this writ petition 1S being taken up for disposal at the admission stage itself
This writ petition has been filed seeking the following prayer:- "Declaring the action of respondent No.6 uisiting the shop of the petitioner, harassing and threatening the familg members of the petitioner u.tithout ang ight and authoitg and uhich does not contain tobacco and pdnmosala products tuhich are not banned products as illegal, arbitrary ond unjust and against the principles of nafiral justice and one uithout juri iction and further declare the action of the respondents ond consequently direct the respondents not to interfere uith the dag to dag business of the petitioners. "
Facts of the case in brief are that petitioner is the proprietor of M/ s. Ratan Genera,l Stores selling kirana items, parl masala and tobacco products which are permissible by the Government of Telangana arld also obtained GST Registration Certificate utde Registration No.36EHNPR9351H1ZM from Government of India which was issued on 02.11,.2023. It is submitted that respondent No.6 is frequently interfering with the business of the petitioner by visiting the shop and business
I \t-\.7 \ premises without juri iction and harassing and petitioner that the said tobacco, gutka ald pal rr being sold illegall1,. Petitioner submits that the sa contain nicotine. It is further submitted that resl not complying Notification No. 542/FSS-1/2021; in exercise of powers conferred under clause (a' (2) of Section 30 of Food Safety and Standards . Sections 2, 3 ar.rd 4 of Food Safety and Standar and Restriction on Sales) Reguiation 20 1 1 ) manufacture, storage, distribution, transportatir gutka/pan masa,la which contarns tobacco and period of one yea-r w.e.f . 24.05.2025. It is ftirther r respondent No.6 is a,lleging that the petitioner I the material without any valid bills and permi; alleged that the said tobacco, gutka and pan mar;r procured arrd being sold by him illegally. .
The main grievance of the petitioner is thz.t the petitioner i s having valid GST iicense to r; respondent No.6 is intentionally harassing the Pe 1 to day business. Aggrieved by the same this writ pt
Based on the instructions issued by res t learned Assistant Government pleader for Home hreatening the rsala items are d items do not ondent No.6 is dt.24.O5.202s rf Sub-section .ct, 2006 rlw. ls (Prohibition 'ohibiting the r and sa-le of eicotine for a ubmitted that rd purchased ;ion and also la items were even though il the same, tioner in day tition is filed. rndent No.6, rubmits that t I J the petitioner is involved in the following criminal cases on the file of the Station House Officer' Jangaon Police Statron, Warangai Commissionerate which reads as follows: I. Crime No 249 of 2025 dated" 24'05'2025 U ls. 272,275 BNS against the Petitioner / Sole Accused and investigation has been taken up' Meanwhile, Lhe Petitioner herein filed a Crl' P No. 7002 of 2025 and the Hon'ble High Court allowed the Petition by its orders dated ' 13.06.2o25and quashed the proceedin*" "*"li:' [he Petidoner/ Accused in Crime No 249 ol2025'
Crime No' 153 of 2025 dated 26'03'2025 tJ ls. 272,275 BNS against the Petitioner / A-2 and investigation has been teken up Meanwhile' the Petitioner I A-2 alongwith A-L ltled a Cri' P' No. 4875 of 2025 and the Hon'ble High Court allowed the Petition by its orders dated' Og.O4.2025 and quashed the proceedings against the Petitioner / Accused in Crime No' 153 of 2025.
Crime No' 66O of 2024 dated' 06'11'2O24 U ls. 272,275 BNS against the Petitioner / A-1 and investigation has been taken up' Meanwhile' the Petitioner / A-1 atong with A-1 hled a Crl' P' No. 16066 of 2024 and the Hon'ble High Court ailowed the Petition by its orders dated' 06.01.2025 and quashed the proceedings against the Petitioner / Accused in Crime No 66O of 2024. 4 -- \. .1 6 . The learned Assistant Government ple t der for Home further submits that respondent No.6 is I either calling, harassing, threatening, pressurizing or interi ring with the petitioner's personal life, liberty or civil disputes nor taken any coercive steps against the petitioner in ary manr( r.
Having considered the above facts and :ircumstances, without expressing a',y opinion on the merits r,: the case, this wrrt petition is disposed of directing the respc _rdent No.6 to follow due procedure contemplated under law br: tre taking any actlon on the pe tition er
With the above direction, this writ petition s disposed of. Miscellaneous applications, if any pending, sha I stand closed. No order as to costs. St /-P. PONNA KRISHNA AS SISTANT REGISTBAR''-- To =s6CTION OFFICER
I
The Special Chief Secretary. Home Department,,Sov,) iment of Telangana, Secretariat, State of retanq';"rll HvoJrro";""' Y""' The Speciat Chief SecretaiT, Heaitn fr/eOicaflnd Fari / Department, covernment of Tetanoana s""r"tq1at, Strt";ii#;; rna at Hyderabad. The Commissioner of-Food 99i"-V tJ'irjr^, oiiiilil re of tnstitute of Preventive Med icine. pubric He^a rih L"or z.iJr"loJi : rrth ) Admin istration, Narayanguda Hyderabad_5O002b - -'--- \"- Ihe CEO, Food Safetv Standards Aytlr-o1ity of lndia, 3r and 4th floor FDA p.haryan, Kotla Road, irlew Dethr_1 1OOO2'' r ne uommissioner of police, Jangaon District. rne utatton House Officer, Jangaon police Station. rwo CCs to Gp FoR uourr- High C;;;r?:"Sirte r retansana at Hyderabad [OUTI 9nu 99 to SRt y-BALA MURAL t Advocate tOpUCl Two CD Copies \ry,^ 4 q 6 7 8 o Eli :l
! HIGH COURT DATED:1711012025 ORDER VVP.No.31490 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. srA i) ( * i ol 0 3 rrB 2U6 .z * I -...-...:__.- I l
Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.