Andhra Pradesh High Court - Amravati
Shirdi Sai Stores vs State Of Ap on 19 March, 2021
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
[3206 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO * WRIT PETITION NO: 6327 OF 2021 Between: SHIRDI SAI STORES, FIRST FLOOR, 15/194, ROOM NO.1, RR Street, KAC Plaza, Nellore, rep by its Proprietor Ajay Malisetty. : Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary Medical & Health Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Food Safety, Office of Secretariat, Velagapudi, Amaravathi 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi ' 4. The Director General of Police, State of Andhra Pradesh at Mangalagiri, Guntur District ° 5. The Superintendent of Police, Nellore, SPSR Nellore District. 6. The Station House Officer, Ill Town Police Station, Nellore, SPSR Nellore District. 7. Special Enforcement Bureau, Nellore, SPSR Nellore District Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents and their subordinates etc., in continuously trying to interfere into the petitioner firm's day to day business activities particularly in connection with tobacco products like Gutka, Pan masala etc., even though the "petitioner firm doing lawful business strictly covered under COTPA(Cigarette other Tobacco Products Act) having the requisite licenses as well as payment of GST all taxes etc vide 37BUDPM4885RIZL and the Prohibition Notification of tobacco having expired as on 08-01-2021, which was also stayed by this Hon'ble Court in WP.No.161 18/2020 consequent on which a circular issued by the 2nd respondent not to -- book the cases on the basis of prohibited products as illegal, arbitrary violation of Principles of natural justice violation of Articles 19(i)(g) and 21 of the Constitution of India and consequently direct the respondents, their subordinates, officials etc., not to interfere with the petitioner's day to day business activities including registration of cases for the above said business activities of tobacco products: IA NO: 1 OF 2021 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 respondents not to interfere into the petitioner's day to day business activities including the registration of cases under the said lawful tobacco product business activities, pending disposal of W.P.No.6327 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRILRAJA REDDY KONETI Advocate for the Petitioner, GP for Medical & Health for the Respondent No.1 & 2 and GP for Home for Respondent No.3 to 7, the Court made the following. ORDER:
"In view of the orders of this Court dated 15.10.2020 in W.P.No.16118 of 2020 and 15.10.2020 in W.P.No.15881 of 2020, and in view of the fact that notification No.1508/FSSA/AP/2015-20, dated 05.01.2021 has expired and no new notification has been issued, the authorities cannot take any action in the said notification.
In the circumstances, the authorities shall not interfere with the business of the petitioners on the basis of the circular issued by the Food Commissioner, Andhra Pradesh or otherwise. This writ petition be tagged along with W.P.No.3819 of 2018 and batch". | .
a nt ! _Sd/-M.Suryanadha Reddy | ASSISTANT REGISTRAR ITTRUE COPY// F SECTION OFFICER
1. The Principal Secretary, Medical & Health Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The Commissioner of Food Safety, Office of Secretariat, Velagapudi, Amaravathi:
3. The Principal Secretary, Home Department, State of Andhra _ Pradesh, Secretariat, Velagapudi, Amaravathi
4. The Director General of Police, State of Andhra Pradesh at Mangalagiri, Guntur District
5. The Superintendent of Police, Nellore, SPSR Nellore District.
6. The Station House Officer, [Il Town Police Station, Nellore, SPSR Nellore District.
7. The Special Enforcement Bureau, Nellore, SPSR Nellore District (Addresses 1 to 7 by RPAD)
8. One CC to SRILRAJA REDDY KONETI Advocate [OPUC]
9. Two CCs to GP for Medical & Health, High Court of Andhra Pradesh. [OUT]
10. Two CCs to GP for Home, High Court of AP [OUT]
11.One spare copy To, SRL ?
HIGH COURT RRRJ DATED:19/03/2021 NOTE: THIS WRIT PETITION BE TAGGED ALONG WITH W.P.NO.3819 OF 2018 AND BATCH ORDER WP.No.6327 of 2021 aon YP DIRECTION - 3 . tN pee ts cae