THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.1572 of 2021
ORDER:
This Writ Petition is filed to issue a Writ of Mandamus to declare the action of respondent Nos.6, 8 and 9 in harassing and interfering with the day-to-day business affairs of the petitioner as Kirana Merchant, on the ground that he is selling White Jaggary and Colour Alamunder, though the same are not prohibited items under the Excise Act.
2. Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents and perused the material on record.
3. When the matter is taken up, learned Government Pleader for Prohibition and Excise would fairly submit that the issue raised in the present writ petition is squarely covered by an order of this Court in W.P.No.31519 of 2016 dt.19.04.2022, wherein, this Court had held that, since the Black Jaggery and Alum are not prohibited commodities under the Excise Act, except when intended to be used for the purpose of making ID liquor, the respondents were directed not to interfere with the conduct of business of the petitioner therein, who has been granted valid permissions/registrations for conduct of such business by the authorities concerned.
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4. Since the petitioner herein is also carrying on the business as Kirana Merchant by obtaining valid permissions, the ratio laid down in the above said judgment would squarely apply to the facts of the present case.
5. In the facts of the present case, as long as the petitioner carries on business by purchase and sale of goods under invoices and transporting the same under valid way bills, the respondents cannot interfere with the conduct of business by the petitioner and any act of the respondents contrary thereto amounts to impeding the right to carry on trade by the petitioner violating Article 19 of the Constitution of India.
6. For reasons alike as were stated in the order dt.19.04.2022 in W.P.No.31519 of 2016 and in terms thereof, the Writ Petition is allowed and a Mandamus is issued to the respondents not to interfere with the conduct of business of the petitioner subject to observation made hereinabove. No order as to costs.
7. Consequently, miscellaneous petitions pending, if any, shall stand closed.
_________________ T. VINOD KUMAR, J Date:12.07.2022 GJ