BharatTaxGST

Sri Kamadhenu Traders vs. The State Of Telangana, Rep. By Its Principal Secretary

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WP/37527/2017HC TelanganaGSTCNR HBHC01081078201723 June 2023Bench: C.V. BHASKAR REDDY6 pages
For Petitioner: SRl. P LAKSHMA REDDYFor Respondent: GP FOR PROHIBITION EXCISE

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Cause title — parties, addresses and appearances
,l [32e6 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 37527 OF 2017 Between: Sri Kamadhenu Traders, Rep. by its proprietor, Sunil Sharma S/o Ramswaroop Sharma, aged About 36 years, Occ: Business with shop No.B- 598 to 60O, tvlain Road, Mancherial, Mancherial District, Telangana State .,,PETITIONER AND '1 . The State of Telangana, Rep. by its Principal Secretary, Prohibition &, Excise Department, Secretariat, Saifabad, Hyderabad. 2. The Superintendent of Prohibition & Excise, Mancherial Mandal, Mancherial District. 3. The Superintendent of Police, Mancherial Mandal, Mancherial District. 4- The Station House Officer, Mancherial Police Station, lvlancherial, [Vlancherial District. 5. The Assistant Commissioner of Roads & Transport, Department, Mancherial Town, Mancherial District. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in repeatedly interfering with petitioner's lawful business in tobacco and its products under the name and style of M/s. Sri Kamadhenu Traders with shop No.8-598 to 600, Main Road, Mancherial, IMancherial District, Telangana State with form GSTIN 36EOBPS4318G'l ZV, as illegal, irregular, irrational' without jurisdiction and violation of Articles 14, 19 and 21 of the constitution of lndia and consequently direct the respondents not to interfere in any manner with petitioner's business l.A. NO: 1 OF 2017(WPMP. NO: 466030F 20171 Petition under Section 1 51 CPC praying that in the circumstances stated in the affrdavit filed in support of the petition, the High Court may be pleased direct the respondents not to interfere rn any manner with petitioner's lawful business in sale ot tobacco and its products under the name and style of M/ s' Sri Kamadhenu Traders, with shop No'8-598 to 600' tr/lain Road' Mancherial' Mancherial District, Telangana State with form GSTIN 36EOBPS431 8G1ZV' pending disposal of main writ petition Counsel for the Petitioner: SRl. P LAKSHMA REDDY Counsel for the Respondent No.1&2: GP FOR PROHIBITION EXCISE Counsel for the Respondent Nos'3&4: GP FOR HOME Counsel for the Respondent No.5: GP FOR ROADS & BUILDINGS

The Court made the following: ORDER

HON'BLE SRI JUSTICE C.V.BHASKAR REDDY w.P.No.37527 of 2Ol7 ORDER: This writ petition is hled seeking the following relief: "...-...to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action o1' the respondents in repeatedly interlering with petitioners lawful business in tobacco and its products under the name and style of M/s.Sri Kamadhenu Traders with shop No.8598 to 6O0, Main Road, Mancherial Mancherial District, Telangana State with form GSTIN 36E0BPS4318G1ZV as itlegal irregular irrational without juri iction and violation of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents not to interlere in any manner with my said business and pass-....". Petitioner claims to be proprietor of M/ s. Sri Kamadhenu Traders, Shop No.8-598 to 600, Main Road, Mancherial, Mancherial District, Telangana State and carrying on business in tobacco products after obtaining necessary certficate frorn the competent authority. It is the further case of the petitioner that he has obtained license dated O2.ll.2OI7 vide GSTIN 36EOBPS43 lS}IZV from the Assistant Commercial Tax Officer, GSTIN Regi*ration, Mancherial for selling of tobacco in the aforesaid ircldr,'ss Llrlcier I h(' provisions of the GST Act, 2017 It is tl-rc' contclltion oi Lhe learned counsel for the petitioner that tobercco pt oilucts are being agrit:ultural produce and there is no pl 'rhibition in law for its sale and transport of the samc. Hc also submits that the respondents zrnd their subordinates are repeatedly interfering witl-r tl'rc bttsincss of the petitioner and insisting to close doq'n the same without sho'6'ing any authority of lau' or rn'ithout issuing any notice' This Court vide its order dated 08' 1 1'20 17 has granted interinl order directrng the respondents not to interferen'iththepetitioner'speacefulbusinessintobacco products in an1' marlner. However; obser-ved that the order of this Court will not preclude the authorities concerned from taking action against the petitioner in accordance q,ith the procedure established by law' In vieu, of the above intcrim order dated 08 11'2017' if the petitiont:r has violatt'd any of the conditions or I

regulations, the authorities ate empowered to take appropriate action strictly in accordance with law Accordingly, the writ petition 1S disposed of. No costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //// To, KKS GJP . K. VENKAIAH ASSISTANIREGISTRAR qb SECTION OFFICER 1 . The Principal Secretary, Prohibition &, Excise Department, Secretariat, Saifabad, Hyderabad.

2.

The Superintendent of Prohibition & Excise, Mancherial Mandal, Mancherial District.

3.

The Superintendent of Police, Mancherial Mandal, Mancherial District.

4.

The Station House Officer, Mancherial Police Station, Mancherial, Mancherial District.

5.

The Assistant Commissioner of Roads & Transport, Department, Mancherial Town, Mancherial District.

6.

One CC to SRl. P LAKSHMA REDDY Advocate [OPUC]

7.

Two CCs to GP FOR PROHIBITION & EXCISE, High Court for the State of Telangana. [OUT]

8.

Two CCs tolhe GP FOR HOME, High Court.for the State of Telangana at Hyderabad [OUT]

9.

Trivo CCs to the GP FOR ROADS AND BUILDINGS, High Court for the State of Telangana at Hyderabad [OUT] 10.Two CD Copies I

HIGH COURT DATED:2310612023 ORDER WP.No.37527 of 2017 DISPOSING OF THE WP WITHOUT COSTS rfi- ol "''. ' C^:''j:\ ,..' '\ 2023 : '1 n ,: I t ,il _1c !-r ", q (. AU8 . ", ,11 -1 )> L I i

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.