Telangana High Court
M/S. Cine Town, vs State Of Telangana, Rep By Its Principal ... on 3 October, 2024
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION Nos.27831, 27839, 27901, 27966,
28029, 28041 and 28043 of 2018
COMMON ORDER:
Since the issue involved in all these writ petitions is one and the same, therefore, all these writ petitions are taken up and heard together and are being disposed of by way of this Common Order.
2. Heard both sides and perused entire material on record.
3. Learned Senior Counsel for the petitioners submitted that the petitioners herein are the companies incorporated under the provisions of the Companies Act, 1956 and is inter-alia engaged in the business of setting up and operating multiplex cinema theatres, in which the respondent No.3/District Legal Metrology Officer, Legal Metrology Department, has conducted surprise checks and seized certain items, which are mentioned in different panchanamas dated 01.08.2018, 02.08.2018, 03.08.2018 ::2::
and 05.08.2018 and also stated that the petitioner has violated Sections 10, 11, 12, 8 and 25 of Legal Metrology Act, 2009 read with Rule 23 of Telangana State L.M.(Enf) Rules, 2011.
4. Learned Senior Counsel for the petitioners further submitted that this Court has granted interim order in I.A.No.1 of 2018 in W.P.No.27831 of 2018 and in I.A.No.1 of 2018 in W.P.No.27839 of 2018 on 07.08.2018 and stated that having regard to the order dated 06.08.2018 passed in W.P.No.27079 of 2018 by this Court, the Circular orders issued on 17.07.2018 and 20.07.2018 cannot be made applicable to non-packaged food items and beverages being sold in Multiplexes like the petitioners herein.
5. Learned Senior Counsel for the petitioners further submitted that the case of the petitioner is squarely covered by the decision rendered in Multiplex Association of India ::3::
Vs. the Controller of Legal Metrology 1 passed by this Court and the relevant portion of the said order is as follows:
"62.A.(a) that the impugned orders issued by the 1st respondent insofar as 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 toll free number and consumer helpline whatsapp number and (d) asking them to print a declaration on the container / packing these details, do not apply as regards non-packaged food items sold by members of the petitioner's Association; and cannot be enforced by Officials attached to the Office of the 1st respondent insofar as non- packaged food items sold by members of the petitioner's Association;
(b) that the 1st respondent is not entitled to insist that Multiplexes should avoid keeping only one brand of water, etc., and have to give options to the consumer."
6. Learned Senior Counsel for the petitioners further submitted that in the light of the Judgments passed by the Hon'ble Apex Court in Federation of Hotels and Restaurant Association of India Vs. Union of India and Ors. 2 as well as this Court in Multiplex Association of India Vs. the Controller of Legal Metrology (Supra 1), earlier this Court passed orders in W.P.No.29023 of 2018 and 1 Unreported Order passed by this Court in W.P.No.27029 of 2018 dated 06.08.2018. 2 2007 SCC OnLine Del 353 ::4::
W.P.No.6386 of 2022 on 13.03.2024 and requested to pass similar order in these matters.
7. Learned Assistant Government Pleader for Civil Supplies for the respondents submitted that the petitioners without filing appeals as per the Act, filed these writ petitions and the same are liable to be dismissed as per the Judgment passed by this Court in The State of Telangana V. M/s Himjal Beverages Private Limited 3.
8. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that the Judgments relied by the learned Senior Counsel for the petitioners would squarely apply to the instant case and the Judgment relied by the learned Assistant Government Pleader for Civil Supplies would not apply to the instant case as the said case is packaged food items and the instant cases are non- packaged food items.
3 2018 SCC OnLine Hyd 509 ::5::
9. In view of the same, these writ petitions are disposed of in similar lines as per the orders of the Hon'ble Apex Court in Federation of Hotels and Restaurant Association of India Vs. Union of India and Ors.(Supra 2) as well as the orders of this Court in Multiplex Association of India Vs. the Controller of Legal Metrology (Supra 1) and directing the respondents not to conduct any further inspection or seizure in relation to the unpackaged food or beverage items being sold by the petitioner or any of the equipment or machines or devices or other goods or belongings of the petitioners within the subject premises. There shall be no order as to costs.
10. The Registry is directed to enclose the copy of the Judgment passed in W.P.No.27029 of 2018 dated 06.08.2018 along with this order.
11. Miscellaneous petitions, if any, pending shall stand closed.
_______________________ JUSTICE K.SARATH Date: 03.10.2024 spk