M/S. Om Sai Traders vs. State Of Telangana
Original PDF →Facts
The petitioner, M/s. Om Sai Traders, represented by its proprietor, filed a writ petition challenging the actions of the Station House Officers of Miryalguda I Town and Miryalguda II Town Police Stations. The petitioner alleged that these police officials visited their shop, harassed family members, and threatened to close the business without any legal basis. The petitioner stated that they were conducting business after obtaining all necessary permissions, including GST registration, and that the products sold were not banned. The police had not registered any criminal case against the petitioner.
Held
The Court disposed of the writ petition by directing the respondent-police not to interfere with the business activities of the petitioner without following the due process laid down under law. The Court acknowledged the submission of the Assistant Government Pleader that the police would follow legal procedures. The Court also clarified that this order would not preclude the respondent-police from taking action against the petitioner if there was any violation or if a complaint was received. No order as to costs was made. The Court's decision was influenced by a previous order in a similar writ petition where criminal cases were not registered against the petitioner.
Key Issues
1. Whether the action of the respondent police in visiting the petitioner's shop, harassing its family members, and threatening to close the business, without registering a criminal case or following due procedure, is illegal, arbitrary, and without jurisdiction, violating the petitioner's right to conduct business? (Article 226 of the Constitution of India) The petitioner argued that the police actions were illegal, arbitrary, and unjust, violating principles of natural justice and exceeding their jurisdiction, as no case was registered and all necessary permissions, including GST registration, were in place. The petitioner contended that the products sold were not banned. The revenue, represented by the Assistant Government Pleader, submitted that the respondent police would follow the procedure laid down under law before taking any action against the petitioner.
Sections Cited
Article 226
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE K. LAKSHMAN UIRIT PETITION No.22919 OF 2O25 ORDER: Heard Mr.Y.BaIa Murali, learned counsel for the petitioner and Mr.Lakshmi Kanth, learned Assistant Government pleader for Home appearing for respondent Nos.1, 5 to 9. 2. This Writ Petition is filed under Arr 226 of Constitution of India to declare the action of respondent Nos.8 and 9 in visiting the shop of the petitioner and harassing him to close the same, without following the due procedure iaid down under law as illegal.
It is the specihc contention of the petitioner that the respondent Poiice have not registered any case against the petitioner herein and the petitioner has been conducting business after obtaining all the permissions including GST Registration etc. Even then, respondents are harassing the petitioner.
Whereas, learned Assistant Government pleader, on instructions would submit that respondent-Police will follor,r, the procedure laid down under law, before taking any action against the pet itioner. \ I t :
Vide order dated 11.06.2024 in W.P.No. 15146 of 2024, t]nis Court considering the said fact that criminal cases are not registered against petitioner therein, directed the Police, not to interfere with the business activities of the petitioner n ithout following due procedure laid down under law.
In the light oi the said submission, this Writ Petition is disposed of by directing the respondent-Police not to interfere with the business activities of the petitioner, without following the due process laid dou.,n under [aw. However, this order shall not prech-rde the respondent-Police from taking action against the petitioner in the event of an1, violation or receipt of any complaint against him. There shall be no order as to costs. As a sequel thereto, rniscellaneous petitions, if any, pending in the Writ Petition shall stand closed. . MOHD. ISMAIL DEPUTY REGISTRAR //// secrrf,i(r'Strrcen I To, 1 2 The Soecial Chief Secretary, Home Department, Government of Telangana' State bf Telangana, Secretariat, Hyderabad. The Soecial chief Secretary, Health tvledical and Family Department,state of fefa"rirna, Governnment o1 Telangana, Secretariat, Hyderabad' TheCommissionerofFoodSafetyTelangana,Directorateoflnstituteof pid-r"niir6 M"aicine, pubtic Heal[h Labs and Food (Health) Administration, Narayanguda, HYderabad-500029 The CEO, Food Safety Standards Authority of lndia, 3rd and 4th floor FDA Bhawan, Kotla Road, New Delhi-1'10002 The Directorate General of Police' Telangana State Police headquarters Lakdikapul, HYderabad. 3 4 5
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The superintendent of police' Nalgonda district'
The Deputy Superindent of Police' Nalgonda Dist'
The Station House officer' Miryalguda lTown Police station' Nalgonda district
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\ HIGH COURT DATED:0610812025 ,/' ,/ .ti i,') _-.,:-.=.-1.\ E S l-AI€ 'tiil, 1 IIUBM C. ai Dg5Pn rct'g-A ORDER WP.No.22919 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS a, c4i4 f W
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.