M/S Radha Jaggery Kirana And Alam ... vs The State Of Telangana And 8 Others
2022 Latest Caselaw 3640 Tel

          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.

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