M/S Radha Jaggery Kirana And Alam Merchant vs. The State Of Telangana And 8 Others

Facts

The petitioner, M/s Radha Jaggary Kiran & Alam Merchant, represented by its proprietor, filed a writ petition challenging the actions of respondents No. 6, 8, and 9. These respondents, identified as the District Superintendent Prohibition and Excise Dept., Station House Officer Bhupalpally (Prohibition and Excise), and Station House Officer (Home), were allegedly harassing and interfering with the petitioner's day-to-day business of selling white jaggery and colour alam under valid licenses and bills. The petitioner sought a direction to restrain the respondents from interfering with their business, seizing stocks and vehicles, and registering false criminal cases. The respondents include various authorities from the State of Telangana's Prohibition and Excise Department, Revenue Department, and Home Department.

Held

The Court allowed the writ petition and issued a Writ of Mandamus directing the respondents not to interfere with the conduct of the petitioner's business. The Court reasoned that the issue was squarely covered by a previous order of the High Court in W.P.No.31519 of 2016, which held that black jaggery and alum are not prohibited commodities under the Excise Act, except when intended for the manufacture of illicit liquor. The Court found that the petitioner herein is also carrying on business as a Kirana Merchant with valid permissions. Therefore, as long as the petitioner conducts business with valid invoices and transports goods under valid waybills, the respondents cannot interfere. Any such interference would impede the petitioner's right to carry on trade, violating Article 19 of the Constitution of India. The Court explicitly noted that the ratio laid down in the cited judgment would squarely apply to the present case. No issue was expressly left undecided.

Key Issues

1. Whether the action of respondents No. 6, 8, and 9 in harassing and interfering with the petitioner's day-to-day business of selling white jaggery and colour alam, despite the petitioner possessing valid licenses and bills, is illegal, arbitrary, unconstitutional, and without authority of law, violating Article 19 of the Constitution of India? Petitioner's Arguments: The petitioner contended that they are carrying on business as a Kirana Merchant with valid permissions and licenses. The items sold, white jaggery and colour alam, are not prohibited commodities under the Excise Act. The interference by the respondents, including visits to the shop and godown, amounts to harassment and impedes their fundamental right to carry on trade. They rely on the principle that as long as business is conducted with valid invoices and waybills, respondents cannot interfere. Revenue/State's Arguments: The Government Pleader for Prohibition and Excise submitted that the issue is covered by a previous order of the High Court in W.P.No.31519 of 2016. This order held that black jaggery and alum are not prohibited unless intended for making illicit liquor, and directed authorities not to interfere with businesses having valid permissions. The respondents did not dispute the petitioner's possession of valid licenses and bills.