M/s. Bajaj Pathang Mahal v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly a Writ of Mandamus, declaring the action of the respondents in interfering with and obstructing the petitioner's lawful kites business, caried oh under the name and ...RESPONDENTS style of M/s. Bajaj Pathang Mahal, situated at shop No. 22-6-7, Kali Kaman, Gulzharhouz, Hyderabad, bearing TIN No. 134-024-1537, as illegal, arbitrary, unconstitutional and without authority of law, inasmuch as the said interference is being carried out'ruithout following due process of law, despite the petitioner's representation dated 18-12-2025, seeking non-interference and permission to run the business from 9.00 A.M. to 2.00 A.M. only during the festival period i.e., up to 15-01 '2026, and consequently declare the said action of the respondents as violative of Artic;les 19, 21 and 300-4 of the Constitution of lndia and contrary to the principles of naturaljustice. lA NO: 1 OF 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 Respondent Nos. 5 to 8 not to interfere with the petitioner's said business activities in any manner whatsoever and to consider and act upon the representation dated 18-12-2025 in accordance with law. Counsel for the Petitioner: SRI SURESH SHIV SAGAR counsel for the Respondent No.1 to 7: SRI M. SRlNlvAS, ASST. Gp FoR HoME Counselfor the Respondent No.8: GP FOR FOREST The Court made the following: ORDER ,,::J,., a. IN THE HIGH COURT F.OR THE STATE Otr'TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE JUTAIADI SRTDEVI WRIT PETITION No.4O543 of 2ol25 31sr pECEMBEB,2QZS Between: M/s. Bajaj Pathang Mahal AND The State of Telangana Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and seven others Petitioner ...Respondents : ORDER : This writ petition is filed seeking the following reliet "...fo ussue a utrit, order or direction more partianlartl4 one in the nafiire o.f Writ of Mand"amus declaring the action of the respondents in interfeinq with and obstructing the petitioner's lawfttl kites business, carried on under the name and stule qf M/s. Bqiqi Pathang Mah.a.l, sifitated at Shop No.22-6-7, Pathang Mahal, sihtated at Shop No.22-G 7, Kali Kaman, Gulzharfnuz, Huderabad bearing TIN No. 1 34-024-1 537, as illegal, qrbitraru, unconstitrttional and without .follouting due process of laut, despite the .petitioner's representation dated 1 8. 1 2. 2 02 5, seeking non- interference and permission to run the busfness .from 9.00 A.M., to 2.OO A.M., onlu durinq the Sankranthi .festiual period i.e., up to 15.01.2O26 and cor.tsequentlu declare the said action of the respondenfs as uiolatiue o.f Artictes 19 and 21 o.f Constitution of India and contrary to the pinciples of natural justice ..."

2. Heard Sri Suresh Shiv Sagar, learned counsel for the petitioner, Sri M.Srinivas, learhed Assistant Government Pleader for Home for respondent Nos.l to T and learned Government Pleader for Forest for respondent No.8. With the consent of both the parties, the matter is taken up for disposal at the stage of admission e rd) . , :, .;.-'; 2 f -.,

3. Facts' of the case in brief a?e that the petitioner is carrying on trade and business under the name and style of M/s. Bajaj Pathang Mahal, situated at Shop No.22-6-7, Kali Kaman, Gulzharhorrz, Hyderabad bearing TIN No.134-o24-ls37,for more than 50 years and the said business is a long-standing family business. It is submitted that the petitioner is engaged in the sale of Indian made kites and manja, manufactured exclusively from cotton thread and permitted colours, which are traditionally used for kites particularly on the occasion of Sankranti. It is submitted that this court in w.p.No.3T146 of 2024 granted interim direction to the respondent authorities not to interfere with the petitioner's business carried on under the name of M/s. Bajaj Pathang Mahal, without following due process of law and the said interim order is still in force and binding on all concerned authorities.

4. The main grievance of the petitioner is that in compliance of the said interim order passed by this court, the petitioner submitted a representation dated 18.L2.2o2s requesting the concerned authorities not to interfere with his lawful business and permit the operation of the shop from 09.oo A.M. to o2.00 A.M., during the sankranti festival period. Despite the same, on

26.12.20215 the respondent police entered into the petitioner,s I I / / I 3 shop and started interfering with his business activities, without following due process of law.

5. Learned Assistant Goternment Pleader for Home appearing for respondent Nos.l to 7 submits that during the course of checks, the respondent police only verified the nature of the kite strings being sold and counseled the shop owners to strictly adhere to the legal prohibition and also stated that no seizure, closure of shops, or restriction on lawful business activities is being undertaken. It is also stated that the respondent police are not interfering with the petitioner's lawful business of selling kites or permissible cotton thread manja. [n view of the above, this Writ Petition is disposed of

6. directing respondent Nos.S to 8 not to interfere with the business activities of the petitioner in any manner without fqllowing due process of law. Miscellaneous applications, if any pending, shall stand closed. No costs M. /TRUE COPY/ SECTION OFFICER $:r:UL?t",\Secretary' Home Department' The State of Telansana' At To, , , Hi.:: rrua1fii tli,'ry:* lt1 "o 3. The commr"'[nlit;k Forc"'' ii'e"tny' Krishna complex' Kashiguda' +f;:S33ffAt'l..i'"-''9n"r of Police' south Zone'Purani Haveli' At Purani ;+ni:urii,:"+a$Irl*r:::lhZone'atlvr.?rii1'slLgf'Tior?ft J;';.0, 6. The lnspe"'o' lt"Flri;;chffiinar Police station' i offi ce' Hvd e ra b ad citv " " :* * * ::' : T.S

7. The lnspector of Police, Mirchowk Police Station, at fVirchowk, Hyderabad, T.S.8 llir?i,Xl,il?,:T,Fff#'-"j i'd3,'f,,t:)JHffifj;:ff81.il61,BT,.f6ao _ / 9. one cc to sRt S_U-RESH s-Htv SAGAR, Advocate topucl 10.Two CCs to cp FoR HOME, High court ror tnL sta'G oi iarrngana. tourl 11.Two CD Copies 500004, Hyderabad, Telanqana BN \ CC TODAY 4 n 0 HIGH COURT DATED 13111212025 \ \ ORDER WP.No.40543 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS