Saifullah Khan vs. The State Of Telangana And 2 Others
Facts
The petitioner, Saifullah Khan, operating Aslam General Stores, filed a writ petition seeking to prevent the respondents (State of Telangana and police authorities) from interfering with his lawful business activities, including the sale of tobacco products. The petitioner stated he was conducting business with valid waybills, licenses, and had paid GST and all other taxes. The interference occurred despite a prohibition notification on tobacco issued by the respondent on January 7, 2022, and a subsequent interim stay granted by the Supreme Court on this notification, as well as on orders from the High Court. The petitioner argued the respondents' actions were arbitrary, illegal, and violated natural justice.
Held
The Court held that the issue in this writ petition is squarely covered by a previous order dated September 21, 2022, passed in Writ Petition No. 34806 of 2022 & batch. Following the orders of the Honourable Apex Court in SLP(C) Nos. 1656 and 5399 of 2022, the notification issued by the Government of Telangana dated January 7, 2022, was stayed. The Court directed that until these orders are in operation, the respondents shall not interfere with the business activities of the petitioners. It was further noted that the Director General of Police had issued a circular to all concerned, and any action contrary to it would be viewed seriously. The writ petition was disposed of in terms of this previous order.
Key Issues
1. Whether the respondents' continuous interference with the petitioner's lawful business activities, including the sale of tobacco products, is arbitrary and illegal, violating principles of natural justice, particularly in light of the Supreme Court's interim stay on the prohibition notification dated January 7, 2022? (Question of law and fact, turning on the interpretation and application of the Supreme Court's stay order and relevant provisions concerning business operations and tobacco sales). Petitioner's Contention: The respondents are interfering with his lawful business despite valid licenses, GST payments, and crucially, despite the Supreme Court granting an interim stay on the prohibition notification and related orders. This interference is arbitrary and illegal. Respondents' Contention: The judgment records no specific arguments from the respondents. However, the court notes that both parties submitted that the issue is squarely covered by a previous order of the High Court.
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Juri iction) WEDNE AY,THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT Between:
Saifullah Khan, S/o Azmathullah Khan, Aged about 43 Years, Occ. Prop. Aslam General Store, Shop No. 1, Limrah Masjid Complex, Ambedkar Chowk, Adilabad, Adilabad District. ...PETITIONER AND '
The State of Telangana and 2 others, rep. by its Principal Secretary, Home - Department, Secretariat, Hyderabad.
The Superintendent of Police, Adilabad, Adilabad District.
The Station House Officer, Adilabad lTown Police Station Adilabad District ...RESPONDENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an orders, or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring action of the respondents in interfering continuously interfere into the petitioner business activities, though the petitioner doing his business lawfully under covered valid waybills through avalid license as well as payment of GST and all taxes etc., in the name and style of ASL
The judgment continues below.
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