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2025 Supreme(Online)(Tel) 60912

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
B. SANJAY KUMAR – Appellant
Versus
The State of Telangana – Respondent
WP 47481/2018



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.47481 OF 2018 DATE : 09.12.2025 Between:

B.Sanjay Kumar …Petitioner AND The State of Telangana & Others …Respondents

ORDER:

This Writ Petition is filed with the following relief:

“…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the actions of Respondents in seizing and closing of shop at Sy.No. 163. Hydernagar, Balanagar Mandal, Ranga Reddy District from sale of fire crackers as illegal, highly arbitrary, in violation of principles of natural justice, and contrary to Explosives Rules, 1884 Explosives Rules,2008 and in violation of rights guaranteed under Article 19 (g) and 21 of the Constitution of India and pass......”

2. Heard Mr.Mirza Safiulla Baig, learned counsel for the petitioner and Mr.D.Pradeep, learned Assistant Government Pleader for Home appearing for respondents.

3. Learned counsel for the petitioner submits that the present writ petition has been filed challenging the action of the respondents- police authorities in allegedly closing the petitioner’s shop situated in Sy. No. 163, Hydernagar, Balanagar, used for the sale of firecrackers, as being illegal, and seeking appropriate directions from this Court.

4. Learned Assistant Government Pleader for Home, on the other hand, submits that, based on credible information regarding unauthorized sale of firecrackers, the complainant, along with his staff, visited the said premises, seized firecrackers worth approximately Rs. 5,00,000/- and cash amounting to Rs. 40,000/-, and registered Crime No. 1371 of 2017 under Section 9B(1)(b) of the Explosives Act, 1884, on the file of KPHB Police Station. After due investigation, a charge sheet was filed, and the case was taken cognizance of as C.C. No. 3838 of 2018 on the file of the learned XV Additional Judicial Magistrate of First Class, Kukatpally. Upon conclusion of trial, the accused was convicted by judgment dated 29.02.2024. Accordingly, the contention of the petitioner that the action of the police authorities was illegal does not survive for consideration. Hence, it is prayed that the writ petition be dismissed.

5. I have perused the material available on record.

6. The grievance of the petitioner is that the respondents/police authorities unlawfully seized and closed his shop. However, the explanation offered by the respondents/police authorities indicates that lawful action was taken against the petitioner for selling firecrackers without a valid explosives licence. The premises were inspected, the stock was seized, a crime was registered, and the matter has since culminated in the conviction of the accused after due trial before the competent court.

7. In view of these developments, and considering that the criminal proceedings have concluded in conviction, the petitioner’s challenge to the legality of the police action is rendered untenable.

8. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 09.12.2025

CHS

4718 THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.47481 OF 2018 Dated: 09.12.2025 CHS

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