The High Court · 2025

Counsel for the Petitioner : SRI Y.BALA MURALI Counsel for the Respondents : GP FOR HOME The Court at the stage of admission made the following ( RDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3149O ol2025 ORDER: Heard Sri Bala Murali. Y, learned counsel for the petitioner and learned Assistant Government Pleader for Home appea-ring lor the respondents. With their consent, this writ petition 1S being taken up for disposal at the admission stage itself

2. This writ petition has been filed seeking the following prayer:- "Declaring the action of respondent No.6 uisiting the shop of the petitioner, harassing and threatening the familg members of the petitioner u.tithout ang ight and authoitg and uhich does not contain tobacco and pdnmosala products tuhich are not banned products as illegal, arbitrary ond unjust and against the principles of nafiral justice and one uithout jurisdiction and further declare the action of the respondents ond consequently direct the respondents not to interfere uith the dag to dag business of the petitioners. "

3. Facts of the case in brief are that petitioner is the proprietor of M/ s. Ratan Genera,l Stores selling kirana items, parl masala and tobacco products which are permissible by the Government of Telangana arld also obtained GST Registration Certificate utde Registration No.36EHNPR9351H1ZM from Government of India which was issued on 02.11,.2023. It is submitted that respondent No.6 is frequently interfering with the business of the petitioner by visiting the shop and business I \t-\.7 \ premises without jurisdiction and harassing and hreatening the petitioner that the said tobacco, gutka ald pal rr rsala items are being sold illegall1,. Petitioner submits that the sa d items do not contain nicotine. It is further submitted that resl ondent No.6 is not complying Notification No. 542/FSS-1/2021; dt.24.O5.202s in exercise of powers conferred under clause (a' rf Sub-section (2) of Section 30 of Food Safety and Standards . .ct, 2006 rlw. Sections 2, 3 ar.rd 4 of Food Safety and Standar ls (Prohibition and Restriction on Sales) Reguiation 20 1 1 ) 'ohibiting the manufacture, storage, distribution, transportatir r and sa-le of gutka/pan masa,la which contarns tobacco and eicotine for a period of one yea-r w.e.f . 24.05.2025. It is ftirther r ubmitted that respondent No.6 is a,lleging that the petitioner I rd purchased the material without any valid bills and permi; ;ion and also alleged that the said tobacco, gutka and pan mar;r la items were procured arrd being sold by him illegally. . 4. The main grievance of the petitioner is thz.t the petitioner i s having valid GST iicense to r; even though il the same, respondent No.6 is intentionally harassing the Pe 1 tioner in day to day business. Aggrieved by the same this writ pt 5. Based on the instructions issued by res t tition is filed. rndent No.6, learned Assistant Government pleader for Home rubmits that J the petitioner is involved in the following criminal cases on the file of the Station House Officer' Jangaon Police Statron, Warangai Commissionerate which reads as follows: I. Crime No 249 of 2025 dated" 24'05'2025 U ls. 272,275 BNS against the Petitioner / Sole Accused and investigation has been taken up' Meanwhile, Lhe Petitioner herein filed a Crl' P No. 7002 of 2025 and the Hon'ble High Court allowed the Petition by its orders dated ' 13.06.2o25and quashed the proceedin*" "*"li:' [he Petidoner/ Accused in Crime No 249 ol2025' 2. Crime No' 153 of 2025 dated 26'03'2025 tJ ls. 272,275 BNS against the Petitioner / A-2 and investigation has been teken up Meanwhile' the Petitioner I A-2 alongwith A-L ltled a Cri' P' No. 4875 of 2025 and the Hon'ble High Court allowed the Petition by its orders dated' Og.O4.2025 and quashed the proceedings against the Petitioner / Accused in Crime No' 153 of

2025. 3. 3. Crime No' 66O of 2024 dated' 06'11'2O24 U ls. 272,275 BNS against the Petitioner / A-1 and investigation has been taken up' Meanwhile' the Petitioner / A-1 atong with A-1 hled a Crl' P' No. 16066 of 2024 and the Hon'ble High Court ailowed the Petition by its orders dated' 06.01.2025 and quashed the proceedings against the Petitioner / Accused in Crime No 66O of

2024. t I 4 \. -- .1 6 . The learned Assistant Government ple t der for Home further submits that respondent No.6 is I either calling, harassing, threatening, pressurizing or interi ring with the petitioner's personal life, liberty or civil disputes nor taken any coercive steps against the petitioner in ary manr( r.

7. Having considered the above facts and :ircumstances, without expressing a',y opinion on the merits r,: the case, this wrrt petition is disposed of directing the respc _rdent No.6 to follow due procedure contemplated under law br: tre taking any actlon on the pe tition er

8. With the above direction, this writ petition s disposed of. Miscellaneous applications, if any pending, sha I stand closed. No order as to costs. To St /-P. PONNA KRISHNA AS SISTANT REGISTBAR''-- =s6CTION OFFICER

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3. 4 q 6 7 8 o The Special Chief Secretary. Home Department,,Sov,) iment of Telangana, Secretariat, State of retanq';"rll HvoJrro";""' Y""' The Speciat Chief SecretaiT, Heaitn fr/eOicaflnd Fari / Department, covernment of Tetanoana s""r"tq1at, Strt";ii#;; rna at Hyderabad. 99i"-V tJ'irjr^, oiiiilil re of tnstitute of The Commissioner of-Food Preventive Med icine. pubric He^a rih L"or z.iJr"loJi : rrth ) Admin istration, Narayanguda Hyderabad_5O002b - -'--- \"- Ihe CEO, Food Safetv Standards Aytlr-o1ity of lndia, 3r and 4th floor FDA p.haryan, Kotla Road, irlew Dethr_1 1OOO2'' r ne uommissioner of police, Jangaon District. rne utatton House Officer, Jangaon police Station. rwo CCs to Gp FoR uourr- High C;;;r?:"Sirte r retansana at Hyderabad [OUTI 9nu 99 to SRt y-BALA MURAL t Advocate tOpUCl Two CD Copies \ry,^ Eli :l ! I l HIGH COURT DATED:1711012025 ORDER VVP.No.31490 of 2025 srA ( i) 0 3 rrB 2U6 .z I * i * DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. -...-...:__.-