HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.27737 OF 2025

ORDER

This writ petition is filed seeking the following prayer:

“...declaring the action of the Respondent No.3 in issuing Search Proceedings dated 26.08.2025 in File No.C.No.80/Memo/SDPO-M/2025 and also consequential acts of Search and Seizure Panchanama dated 28.08.2025 conducted by Respondent No.4 as illegal, arbitrary in violation of Section 103 read with Sections 96 and 97 of Bharatiya Nagarik Suraksha Sanhita, 2023 b) To quash/set aside the Search Proceedings dated 26.08.2025 in File No.C.No.80/Memo/SDPO-M/2025 issued by the Respondent No.3 as illegal and arbitrary c)To quash/set aside the Search and Seizure Panchanama dated 28.08.2025 conducted by Respondent No.4 as illegal and arbitrary d) Consequently direct the Respondent Nos.3 to 5 not to interfere or cause obstructions in the business activities of the 2^nd Petitioner in the spinning mill located in land admeasuring Ac.9-00 Guntas in Survey No.601/4, 601/5, 601/6 and 614/1 situated at Peddavoora Village and Mandal, Nalgonda District Telangana-508

266 except otherwise in accordance with law…”

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2. Heard Mr.V.Hariharan, learned senior counsel appearing on behalf of Mr.Srikanth Hariharan and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 5. With their consent, this writ petition is disposed of at admission stage. Notice to respondent No.6 is hereby dispensed with.

3. The facts of the case in brief as stated are that petitioner No.1 being represented by its Director is in the business of Yarn Manufacturing and established over the land admeasuring 43,560 sq.yds., along with ACC structures to an extent of 90000 sq.ft., at Peddavoora Village and Mandal, Nalgonda District and constructed amenities and installed heavy machinery for the business. Petitioner No.1, after a considerable period of time was unable to carry out business and intended to lease out entire business along with machinery and accordingly petitioner Nos.1 and 2 entered into a registered lease deed vide Doc.No.214/2023 dated 20.01.2023 on certain terms and conditions. As per the terms of agreement, the schedule lands were leased to petitioner No.2. Thereafter, petitioner Nos.1 and 2 entered into registered sub-lease deed : :3::

vide Doc.No.240/2023 dated 20.01.2023 with one M/s.Bogamallo Enterprises Private Limited, having its registered office at Raigarh, Maharashtra. By virtue of said sub-lease, M/s.Bogamallo Enterprises had taken up entire premises along with amenities and machinery for a period of 9 years having commenced from 01.01.2023.

4. Thereafter, the said M/s.Bogamallo Enterprises defaulted in payment of rents and expressed inability to continue the sub-lease for running the business in the sub- leased premises. Subsequently, petitioner No.2 and the said M/s.Bogamallo Enterprises converted sub-lease into Job Work Agreement and executed agreement dated 14.05.2025, as such the sub-lease dated 20.01.2023 stood cancelled. The conversion job work agreement came into force from 01.05.2025. As per the said conversion agreement, M/s.Bogamallo Enterprises handed over the premises to petitioner No.2 including amenities and machinery along with stock of raw material and finished products which are recorded in the books. Under conversion agreement, the operational responsibilities of petitioner No.2 was to manage all mill operations, labour, machinery : :4::

maintenance etc., while the responsibility of M/s.Bogamallo Enterprises was to supply the raw material and collection of yarn and waste cotton.

5. It is further submitted that M/s.Bogamallo Enterprises breached the terms of the Job Work Agreement by not supplying the raw material, due to which the business operations at the unit were completely disrupted and petitioner No.2 was not in a position to give required output products on month-to-month basis. Since, M/s.Bogamallo Enterprises was not able to supply raw material, it came forward to depute