M/S Sri Laxmi Srinivasa Kiranam Alias And General Store vs. State Of Telangana

Facts

The petitioner, M/s Sri Laxmi Srinivasa Kiranam And General Store, filed a writ petition challenging the action of the Station House Officer (SHO) of Gajwel Police Station (Respondent No. 6). The petitioner alleged that the SHO visited their shop, harassed and threatened family members, and interfered with their day-to-day business. The petitioner claimed to be selling legally permitted kirana items, pan masala, and other products, and asserted that their business did not involve tobacco or nicotine products, nor banned chewing tobacco or pan masala products. The petitioner sought a declaration that the SHO's actions were illegal, arbitrary, unjust, without jurisdiction, and against natural justice, and requested directions for the respondents not to interfere with their business.

Held

The Court noted that the learned Assistant Government Pleader for Home, based on written instructions from the Inspector of Police, Gajwel Police Station, submitted that there was no interference by Respondent No. 6 (SHO) in the business of the petitioner as alleged. The submission further stated that Respondent No. 6 had not received any complaint against the petitioner and had not visited the petitioner's business premises at any time. In view of these submissions, the Court found no further orders to be required in the writ petition. Consequently, the writ petition was disposed of without any order as to costs. No specific finding was made on the legality or arbitrariness of the alleged actions, as the respondents denied them.

Key Issues

1. Whether the action of the Station House Officer, Gajwel Police Station, in visiting the petitioner's shop and allegedly harassing and threatening family members, interfering with the business, was illegal, arbitrary, and without jurisdiction, particularly concerning the sale of legally permitted products and the absence of tobacco/nicotine products or banned items? (Question of law and fact, concerning the powers and conduct of police officials under relevant provisions of law, including potentially the Code of Criminal Procedure and any specific acts related to the products sold). Contentions: Petitioner: Argued that the SHO's actions were illegal, arbitrary, unjust, and without jurisdiction, violating principles of natural justice, and that their business activities were legitimate and did not involve any prohibited items. They sought a writ of mandamus to prevent further interference. Respondents (State of Telangana, represented by Home Department): Submitted, based on written instructions from the Inspector of Police, Gajwel Police Station, that the SHO had not interfered with the petitioner's business, had not received any complaint against the petitioner, and had not visited the petitioner's business premises at any point.