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CDJ 2026 TSHC 832 My Notes print Preview print print
Court : High Court for the State of Telangana
Case No : Writ Petition No. 27063 of 2026
Judges: THE HONOURABLE MR. JUSTICE ANIL KUMAR JUKANTI
Parties : Go Greys Livestock Movers Versus The State of Telangana, Rep., by its Principal Secretary, Hyderabad & Others
Appearing Advocates : For the Petitioner: Mohammed Mudabbir Ali Khan, Advocate. For the Respondents: GP for Transport.
Date of Judgment : 17-08-2026
Head Note :-
GHMC Act - Sections 521 & 622 -
Judgment :-

1. This writ petition is filed with the following prayer:

               “…to issue an appropriate Writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in interfering with the petitioner’s business in transporting livestock by stopping the transportation vehicles having registration numbers vide TS09UB8387, TSO9UB7211, TS08UA4873, TS08UA5539, TS07UF7743, TS09UB0892, TS11UB3520, TG07T4879, TS07UE0329, TG07U2606 and TSO8UB1429 and harassing the employees of the petitioner firm without any lawful and justifying reasons the same is illegal, arbitrary, violative of Article 19(1)(g) and 21 of the Constitution of India and consequently to direct the respondents to not to interfere in the petitioner’s business activities in transporting the livestock and harass the petitioner without following due process of law and pass…”

2. Heard Mr. Mohammed Mudabbir Ali Khan, learned counsel for petitioner, learned Assistant Government Pleader for Transport Department for respondent Nos.1 & 3 and learned Assistant Government Pleader for Home for respondent Nos.2, 4 & 5.

3. It is submitted by learned counsel for petitioner that petitioner is a livestock trader and has been transporting the livestock in vehicles bearing Nos.TS09UB8387, TSO9UB7211, TS08UA4873, TS08UA5539, TS07UF7743, TS09UB0892, TS11UB3520, TG07T4879, TS07UE0329, TG07U2606 and TSO8UB1429 in Hyderabad. It is further submitted that respondent Nos.4 & 5 have been stopping the vehicles of the petitioner on the ground of inspection and were not permitting the petitioner to transport the livestock in time, delaying the transportation by hours together i.e., by stopping the vehicles for hours. It is also submitted that detaining the vehicles for long hours is causing undue delay in transporting the livestock and thus effecting the business of the petitioner and also to the business of other businessmen to whom the stock has to be delivered.

4. Learned counsel invited the attention of this Court to Exs.P1 and P2 (page Nos.11 & 12 of writ affidavit), to buttress the contention that petitioner-Firm is having a Provisional Trade License issued under Sections 521 & 622 of the GHMC Act and that the Firm is registered before the Registrar of Firms, Hyderabad (South).

5. It is pointed out that petitioner’s vehicles were stopped by respondent Nos.4 and 5 on 03.07.2026, 06.07.2026 and 10.07.2026 for hours together detained without any valid reason. Thus, effecting the delivery mechanism. It is submitted that if respondent authorities intend to check the details of license, permit and other aspects, they are entitled to do so, but they cannot detain the vehicles for long hours, thus effecting the delivery of livestock to customer (other business persons).

6. On the other hand, learned Assistant Government Pleader for respondents submitted that respondent authorities are only performing their duties and that the vehicles are being stopped only for the purpose of verification of the documents and other details, whether license, permits are there or not. As such, vehicles can be stopped for checking the documents.

7. Heard learned counsels, perused the record and considered the submissions.

8. Writ petition is filed by authorized signatory of Go Greys Livestock Movers, a registered Firm, registration of the Firm before the Registrar of Firms is dated 08.04.2026. Trade License is issued to one Shanoor Khan to carry on the Trade/Operation of Go Greys Livestock Movers (at premises bearing No.6-3-1240/32/A Opp. Raj Bhavan Road). The address of the Firm as recorded before the Registrar of Firms and the Trade License of GHMC are on same address.

9. License is issued in the name of one Shanoor Khan, name & place of the Firm carrying the business is same. It is disputed that trade license is in the name of Shanoor Khan and the petition is filed by authorized signatory of the Firm i.e., Shahnawaz Khan. This aspect does not in any way effect the carrying on of the business, if any objection in this aspect is to be raised, it is for the GHMC and not the other respondent authorities. It is apparent from the array of parties that it is the authorized signatory who has filed the writ petition and the authorized signatory could be anybody, such authorization by Shanoor Khan, is given.

10. It is the duty of respondent Nos.3 to 5 to check vehicle documents and ascertain whether the vehicle has valid permit to transport such livestock in the city. Other details and particulars of payment if any are to be made for transportation can be looked into along with license.

11. Duty of the officers is to ascertain the documents and verify that they are in order and in accordance with law. The documents are to be presented by the driver or any other member in the vehicle at the time of inspection if the documents are valid and are in accordance with law, the officers are bound to allow the vehicle to transport the livestock. The vehicles cannot be detained for hours together impairing the business, causing delay in the delivery of the livestock to the customers.

12. Learned counsel for petitioner invited the attention of this Court to contents of paragraph No.5 of writ affidavit, wherein it is pleaded that petitioner’s vehicles were stopped for hours together on 03.07.2026, 06.07.2026 and 10.07.2026 on the road side and the petitioner’s Firm was unable to deliver the livestock within the stipulated time to the satisfaction of its customers, thus effecting its goodwill and timely delivery.

13. Needless to state that acts of the authorities of the State and its instrumentalities in performing such acts in this case should be only for the purposes of ascertaining whether the vehicles are carrying proper documents as required under law, to that extent, Courts cannot find fault with the officers. But if the vehicles are detained for hours without any valid reasons in the name of checking, then it would definitely impair the business of petitioner and also of such other persons who depend on timely delivery of livestock. The acts alleged do not reflect that the authorities were performing their duties in a proper manner. Respondent authorities are directed not to detain the vehicles for hours together, if the documents are proper. Needless to state that if the documents being carried by the vehicles are not in accordance with law, authorities are empowered to act in accordance with law.

14. With the above observations, writ petition is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any, pending shall stand closed.

 
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