Telangana High Court
Yaski Laxminarayana vs The State Of Telangana on 2 February, 2021
Author: K. Lakshman
Bench: K. Lakshman
HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.2184 OF 2021
ORDER (ORAL):
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
".. .. .. to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents No.2 to 3 herein harassing by interfering with the business activities, manufacturing of White Jaggery, black jaggery, rotten jaggery and sale of Jaggery and threatening to seize the vehicles along with the stocks during the course of loading, unloading and transportation of entire State of Telangana for supply to his dealers who are require the white Jaggery, black jaggery and rotten jaggery without there being any authority of law as arbitrary, illegal and contrary to the provisions of T.S. Excise Act, 1968 and violation of petitioners rights guaranteed under Art.19(1)(g) and 21 of the Constitution of India......"
2. Petitioner claims to be farmer in sugar cane and also engaged in the business of manufacturing white jaggery, black jaggery and rotten jaggery under valid certificate issued by the Gram Panchayath vide Licence No.04/GP/TM/20-21 for sugar cane products. It is his case that the officials of the respondents are frequently visiting his business premises and merely harassing him that he is supplying jaggery for the purpose of manufacturing liquor. 2 The petitioner, therefore, seeks protection of fundamental right to do business guaranteed under Article 19(g) of the Constitution of India.
3. Learned Government Pleader for Prohibition and Excise, on instructions, specifically submits that the allegations made by the petitioner are not true and none of the officers of the respondents had visited the petitioner's premises.
4. Having considered the respective submissions, the Writ Petition is disposed of with a direction to the respondents not to interfere with the lawful business being carried on by the petitioner without there being any material and, if there is any violation, the respondents shall mandatorily issue notice and take action against him in accordance with law. However, this order will not preclude the respondents from exercising their power to search and seize in case they have information regarding conduct of unlawful activity by the petitioner.
As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition sand closed.
_________________ K. LAKSHMAN, J February 2, 2021.
PV