Telangana High Court
M/S. Asian Multiplex Private Limited vs State Of Telangana on 6 February, 2025
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI
WRIT PETITION No.28037 of 2018
ORDER:
In this writ petition, the petitioner has prayed for the following relief:
".....to issue a Writ order or direction one more particularly in the nature of a writ of Mandamus declaring the action of the Respondents in conducting the inspection on the Petitioners premises and seizing the billing machines empty containers bills and unpackaged food items sold by the Petitioner within its premises at Shivganga Cineplex, Dilsukhnagar for purported violation of the provisions of the Legal Metrology Act 2009 and the Telangana State Legal Metrology Enforcement Rules, 2011 as illegal, arbitrary and unconstitutional and quash all the proceedings initiated thereof and consequently direct the Respondents not to conduct any further inspection or seizure in relation to the unpackaged food items being sold by the Petitioner within the premises situated at Shivganga Cineplex, Dilsukhnagar and pass......"
2. Learned counsel for the petitioner submitted that similar issue had fallen for consideration before this Court in W.P.No.27029 of 2018 and the Court has held that respondent No.1 has no authority to inspect and seize the non-packaged food items and to insist that they should be labelled with the net quantity by weight, the consumer helpline toll number etc. It is further submitted that this decision has been followed in similar matters by this Court in W.P.No.27831 of 2018 and Batch. Copies of the both orders are filed before this Court.
3. Learned Government Pleader for Civil Supplies is also heard and submitted that issue is covered by the decision of the Single Judge of this Court in W.P.No.27029 of 2018.
4. Having regard to the above, this Court finds that the issue is covered by the above referred decision of this Court and the relevant paragraphs are as under:-
"26. In view of the rival contentions, the point which arises for consideration is:
"(a) Whether the impugned orders issued by the 1st respondent are valid insofar as non-packaged food items sold by members of the petitioner?
(b) Whether the 1st respondent is entitled to insist that Multiplexes should avoid keeping only one brand of water, etc., and have to give options to the consumer, and if not, restrictive practices would be found against the members of the petitioner?"
51. In this view of the matter, the directions contained in the impugned orders making applicable to non-packaged items the requirement of affixture by sticker on the container/packing (a) net quantity by weight, volume or measure, (b) M.R.P., (c) consumer helpline tool free number and consumer helpline whatsapp number and (d) ask them to print a declaration on the container/packing these details, are clearly ultra vires his powers under the Act and the Rules. It is clearly a colourable exercise of power, which cannot be countenanced.
55. Therefore Point (a) is answered accordingly in favour of the petitioners and against the respondents".
5. In view of the above, this writ petition allowed in terms of W.P.No.27029 of 2018. No order as to costs.
Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.
___________________________ JUSTICE T. MADHAVI DEVI Date: 06.02.2025 pss