APHC010496202014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26313/2014 Between: 1. PROP., M/S GOPIKRISHNA TRADERS, CHITTOOR DIST & 2 OTH, REP. BY ITS PROP. N.GOPI NAIDU S/O N.RANGAPPA NAIDU, AGED ABOUT 36 YEARS, ROOM NO.6, MBT ROAD, AMC COMPLEX, PALMANER, CHITTOOR DISTRICT. 2. VARASIDDI VINAYAKA TRADERS,, REP. BY ITS PROP. K.BABU S/O LATE K.DHARMAYYA SHETTY, AGED 51 YEARS, D.NO.13/92/2, LINGAYAT STREET PALMANER, CHITTOOR DISTRICT. 3. M/S K.C.BALASUBRAMANYAM,, REP. BY ITS PROP. K.C. BALASUBRAHMANYAM S/O K.CHINASWAMY CHETTY D.NO.13/92/2, LINGAYAT STREET PALMANER, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. PRL SECY REVENUEEXCISE DEPT HYDERABAD 5 OTH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (EXCISE) DEPARTMENT, SECRETARIAT, HYDERABAD. 2. THE DEPUTY COMMISSIONER OF PROH AND EXCISE, CHITTOOR DISTRICT. 3. THE EXCISE SUPERINTENDENT, CHITTOOR, CHITTOOR DISTRICT. 4. THE SUPERINTENDENT OF POLICE, CHITTOOR, CHITTOOR SRS,J W.P.No.26313 of 2014 DISTRICT 5. THE STATION HOUSE OFFICER, PALMANER POLICE STATION, CHITTOOR DISTRICT. 6. THE STATION HOUSE OFFICER, PALMANER PROH. AND EXCISE STATION CHITTOOR DISTRICT. ...RESPONDENT(S): 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respcindents in causing their interference with the day-to-day business activities of the petitioners and threatening to close down their shops though the petitioners are doing the business under valid licences issued from the authorities concerned, as being illegal, arbitrary and unjust and consequently direct the respondents not to interfere with the business activities of the petitioners in any manner including registration of false criminal cases, and to grant IA NO: 1 OF 2014(WPMP 32910 OF 2014 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 with the business activities of the petitioners in any manner including the seizure of stocks and the vehicles, pending disposal of the main Writ Petition IA NO: 1 OF 2023 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 grant leave for filing counter affidavit in the writ petition No.26313/2014 and pass Counsel for the Petitioner(S): 1. PRAVEEN KUMAR VEERJALA Counsel for the Respondent(S): 1. GP FOR HOME (AP) SRS,J W.P.No.26313 of 2014 2. GP FOR PROHIBITION & EXCISE (AP) The Court made the following: :: ORDER :: The above writ petition has been filed to declare the action of the respondent authorities in interfering with the petitioners’ day-to-day business activities and threatening to close down the shops as illegal and arbitrary. 2. Heard learned counsel appearing on either side. 3. The petitioners have been carrying out business activities regarding black jiggery, alum and other kirana items under the registration issued by the Commercial Tax Department. The petitioners have been purchasing the jiggery, black jiggery and alum under valid bills from various places and selling the said commodity to various customers under the valid bills. The petitioners have been maintaining books of accounts evidencing the sale and purchase of black jiggery and alum, and they have been inspected by the authorities from time to time. 4. The Government issued G.O.Ms.No.1929, dated 27.12.2006, exempting sale of jiggery from tax. Given the same, no license is required for doing business concerning the purchase and sale of black jiggery. Respondent No.3 is interfering with, day to day business activities of the petitioners. 5. The writ petition was admitted on 08.09.2014. An interim order was passed in W.P.M.P.No.32910 of 2014, which reads as under: “The petitioners shall maintain a list of the sales affected of the jiggery and keep the addresses and phone numbers of such purchasers ready for verification at any point of time and the sales of SRS,J W.P.No.26313 of 2014 jiggery to a single customer should not exceed more than 10 kgs and storage also shall not exceed more than 100 kgs. Subject to these restriction, the trade may go on.” 6. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader would submit that respondent No.3 is not interfering with the day-to-day business activities of the petitioners. The same is recorded. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing respondent No.3 not to interfere with the day-to-day business activities of the petitioners, without following due process of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 01.08.2025 TVN SRS,J W.P.No.26313 of 2014 255 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.26313 OF 2014 Date : 01.08.2025 TVN