M/S. Shiva Narsimha Traders vs. The State Of Telangana

Facts

M/s. Shiva Narsimha Traders, represented by its proprietor Somishetty Santhosh, filed a writ petition before the High Court of Telangana at Hyderabad. The petitioner alleged that the respondent police authorities were continuously interfering with their lawful business activities. The petitioner stated they were conducting business with valid waybills, a valid license, and were compliant with GST tax payments, holding GST Registration No. 36HPKPS9274A1ZC. They contended that this interference was arbitrary, illegal, violated principles of natural justice, and infringed upon Articles 14, 19, and 21 of the Constitution of India. The petitioner sought a writ of mandamus directing the respondents to cease such interference.

Held

The High Court disposed of the writ petition by recording the submission of the learned Assistant Government Pleader for Home. The Court noted that a case (Cr. No. 169 of 2022) had been registered against the petitioner under Sections 188 and 273 of the Indian Penal Code and Section 20(2) of the COTPA Act. The respondents clarified that their actions were limited to the investigation of this registered crime and that they had not interfered with the petitioner's business activities beyond that purpose. Based on this submission, the Court considered the matter resolved and closed the writ petition.

Key Issues

1. Whether the respondent police authorities have the legal authority to interfere with the business activities of the petitioner, who claims to be operating lawfully with valid documentation and GST compliance, without due process of law, thereby violating Articles 14, 19, and 21 of the Constitution of India? Petitioner's Contention: The petitioner argued that the respondent police were interfering with their lawful business activities despite possessing valid waybills, a valid license, and having paid GST taxes. They asserted that the police lacked the authority to interfere without a registered case against them and that such actions were arbitrary, illegal, and violated constitutional rights. Respondents' Contention: The learned Assistant Government Pleader for Home, on instructions, submitted that a case in Cr. No. 169 of 2022 was registered on 31-05-2022 at Nagarkurnool Police Station against the petitioner under Sections 188 and 273 of the Indian Penal Code and Section 20(2) of the COTPA Act. The respondents stated that their interference was solely for the purpose of investigation in the said crime and that they had not interfered with the business activities otherwise.