Syed Rasheed vs. The State Of Telangana
Facts
The petitioner, Syed Rasheed, filed a writ petition seeking to prevent respondents from interfering with his lawful business activities. He claimed to possess a valid license, pay GST and other taxes, and conduct business with valid bills. The interference occurred despite a prohibition notification on tobacco issued by a respondent on January 7, 2022. The petitioner highlighted that the Supreme Court had granted an interim stay on this notification, referencing previous orders from the High Court and the Supreme Court. The petitioner argued that the respondents' actions were illegal, arbitrary, and violated principles of natural justice, and sought directions to cease interference with his business in compliance with the Supreme Court's orders.
Held
The Court disposed of the writ petition by directing the respondents not to interfere with the business activities of the petitioner until the orders passed by the Supreme Court in SLP(C) Nos. 1656 and 5399 of 2022 are in operation. The Court noted that the Director General of Police had also issued a circular to all concerned. The Court further stated that if any action is initiated by any officer contrary to the Supreme Court's orders and the DG's circular, it shall be viewed seriously. The issue of contempt proceedings was not explicitly decided but impliedly addressed by the directive to comply with the Supreme Court's orders. No order as to costs was made.
Key Issues
1. Whether the respondents' continuous interference with the petitioner's business activities is illegal and arbitrary, violating principles of natural justice, in light of the Supreme Court's interim stay on the prohibition notification dated January 7, 2022? (Mixed question of law and fact, concerning the application of Supreme Court orders and principles of natural justice). Petitioner's arguments: The respondents are illegally interfering with the petitioner's lawful business, which is conducted with a valid license, bills, and payment of GST and other taxes. This interference is contrary to the Supreme Court's interim stay on the prohibition notification dated January 7, 2022, and thus violates principles of natural justice. The petitioner seeks directions to the respondents to comply with the Supreme Court's orders and cease interference. Revenue/State's arguments: Not recorded in the judgment.
Sections Cited
Section 129
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) WEDNE AY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 36258 0F 2022 Between: Syed Rasheed, S/o syed khader Aqed about 4.1 ve r 62, tbrahtmpatnam Mandal. Rangi Redoy Distritt, ars cc. Business, R/o. 7- langana State ...PETITIONER AND 1. The State of Telanoana. Reo bv its prrncrpal Secretary, Health, Medical and Family Welfare De[artment,' Seicretariat. fiyO;;;;:' ,' '
Ihe Principal Secretary to the.Government, Home Department, State of Telangana. T.S. Secreiariat. HyOeraf;aO. 3 The commissioner of Food safety, Terangana Directorate of Institute of Preventive Medicine pubric Healt6'La-b; ;";'F"a?.arth) Administration. Narayanaguda, Hyderabad.
The Director General of police, Telangana State police Headquarters, Lakdikapul, Hyderabad. 5 The commissioner of porice, Rachakonda commissionerate. Rachakonda.
The Commissioner of Commercial Taxes, Telangana State, C.T.Complex. Nampally, Hyderabad 7' The-Union of lndia, nep.P.yilg secretary, Ministry of Health and Famitv wetfare, Room No.3+8, ,A.Wns, fiil-;i'eilff
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