The High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Reslondents not to interfere with the trade and business activity of the Petitioners, th,eir personnel and the persons/entities to whom they dealing with tobacco products, pan masala other than the Gutka (which is mixer of tobacco, pan masala and nicotine) in pursuant to notification No.542IFSS-1/2025, dt.24-O5' 2025 pending disposal of the main writ petition. Counsel for the Petitioner: SRI SRINIVAS REDDY BALAKISTI Gounsel for the Respondents No.l, 3 to 5: SRI R. LAXMIKANTH REDDY AGP FOR HOME Counsel for thr: Respondent No 2: GP FOR MEDICAL, HEALTH & FAMILYWELFARE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.32031 OF 2025 OR This Writ Petition is filed under Arlicle 226 of the Constitution of lndia seeking the following relief: "...fo rssue an appropiate wit, order or direction, more particularly, one in the nature wit of mandamus, declaring the action of Respondent Nos. 3 to 5 authoities and their personnel in harassing the petitioner by conducting illegal search for seizing of pan masala products which does not contain tobacco and nicotine and also for chewing tobacco proditcts which does not contain any food producUpan masala in pursuant to the Notification No. 542 FSS-1/2025, dated 24-0*2025 rssued by the Respondent No. 3, as arbitrary, illegal, in contrary to the Food Safety and Standard Act, 2006 and the FSS Rules, 2011 and contrary to the Cigarettes and Other Tobacco Products Act, 2003 and unconstitutional besrdes violation of pinciples of natural justice and consequently direct the respondent authorities not to interfere in any manner with the trade and busfuess of the petitioner and pass such other order or orders. . ."

2. Heard Mr. Srinivas Reddy Balakisti, learned counsel for the petitioner and Mr. R. Laxmikanth Reddy, learned Assistant Government Pleader for Home, appearing on behalf of respondent Nos. 1, 3 to 5.

3. Learned counsel for the petitioner would submit that respondent Nos. 3 to 5 are harassing the petitioner by conducting illegal search and seizing pan masala products, which does not contain tobacco/nicotine or 2 1\Tll,/ IV.P. No. )20)l 012025 contain arry food product specified in Notification No. 542IFSS-112025. dated 24.05.2025, and prayed 'for passing appropriate directions. He further submits that the Co-ordinate Bench of this Court in W.P. No. 22761 oI 2025 has passed an order dated 06.08.2025 and a similar order would redrr:ss the petitioner's grievance.

4. Learrred Assistant Government Pleader for Home would submit that respondents/Police authorities never conducted any illegal search or seized any product or interfered with the business as contended by the petitioner. He fairly submits that, in case of any aclion, the Police are bound to acide by the due process of law. He further clarified that no report or c'ime is pending against the petitioner. Hence, prayed for Passing aPF,roPriate orders.

5. I hav€r perused the material on record.

6. Havin,g regard to the submissions of the petitioner and the stance taken by the respondents/Police through the learned Assistant Government Pleader for Home, directing the Police authorities not to interfere with the business activities of the petitioner, save and except in strict accordance with law. lt is further clarified that the respondentsiPolice are would be at liberty to take action against the J 1VrlV \V.P. No. )20)l 0f2025 petitioner in the event of violation of any law by following the due process of law.

7. With the above direction, the Writ Petition is disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/- U. SUDHA ASSISTANT R SE OFFICER To i ihe Principal Secretary to Government, Home department, State of , Telangana, Secretariat, Hyderabad. t . '2. The Commissioner of Food Safety, Telangana, Directorate of lnstitute of ' Preventive Medicine, Public Health Labs and Food (Health) Administration, '. .Narayanaguda, Hyderabad -500029. 3: The Director General of Police, Telangana, Telangana State Police Headquaiters, Lakdi- ka- pul, Hyderabad

4. The Superintendent of Police, Medak District, at Medak. 5. The Station House Officer, Medak Police Station, At Medak, Hyderabad District

6. One CC to SRI SRINIVAS REDDY BALAKISTI, Advocate [OPUC] 7. Two CCs to GP for HOME, High Court for the State of Telangana at Hyderabad. [OUfl

8. Two CCs to GP for Medical, Health and Family Welfare, High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CD Copies DAN/MP a HIGH COURT DATED:2411012025 \ ORDER WP.No.32031 of 2025 TiiE S ( :.) l, ? t Flt ?0?E * ISPOSING THE WRIT PETITION 0