Justice K. Lakshman took on file writ pleas filed by Toufiq Shareef, proprietor of Grill House, and upheld the decision of the Greater Hyderabad Municipal Corporation (GHMC) to suspend the outlet’s licence, citing serious violations under the Food Safety and Standards Act.
Hyderabad: The Telangana High Court dismissed two writ petitions challenging the suspension of a food business licence following a food poisoning incident linked to a shawarma outlet. Justice K. Lakshman took on file writ pleas filed by Toufiq Shareef, proprietor of Grill House, and upheld the decision of the Greater Hyderabad Municipal Corporation (GHMC) to suspend the outlet’s licence, citing serious violations under the Food Safety and Standards Act. The case arose after many individuals were hospitalised with symptoms of food poisoning after consuming shawarma at Grill House, located in Lothkunta, Alwal. The food safety officer (FSO) of GHMC, acting on complaints, conducted an inspection and found the establishment closed, preventing immediate sample collection. Based on the findings, the assistant food controller (AFC), GHMC, issued a suspension order in January 2024, directing the restaurant to end its operations. The petitioner contended that the suspension was arbitrary and that his competitors had orchestrated the complaints to damage his reputation. However, the judge noted that the petitioner failed to appeal the suspension under the Act and continued operations despite the suspension order. Further investigations revealed that the petitioner continued business in violation of the suspension, leading to further sampling of food products, including PM snack sauce, which was later found substandard in a October 2024 report. The judge found that the petitioner had failed to avail statutory remedies, such as seeking independent analysis of the samples, and had failed to justify his claims. Dismissing both petitions, the judge ruled that the GHMC acted within its authority in suspending the licence, emphasizing that food safety violations impact public health and cannot be taken lightly. However, the judge granted the petitioner liberty to file an appeal or apply for a fresh licence after compliance with food safety regulations. This ruling underscores the strict enforcement of food safety laws and the necessity for businesses to comply with health standards to protect public well-being.
Fishermen take membership litigation to HC
The Telangana High Court will continue hearing a writ appeal challenging the exclusion of various fisheries cooperative societies from the voter list of the newly formed District Fisheries Cooperative Society, Sangareddy. A two-judge panel of the Telangana High Court, comprising of acting Chief Justice Sujoy Paul and Justice Renuka Yara, is dealing with a writ appeal filed by Boini Srinivasa Rao and Balugari Narsimlu against the order of the single judge, who dismissed the writ petition filed by the societies seeking inclusion in the election process. According to the appellants, they were existing members of the erstwhile Medak District Fisheries Cooperative Society with established voting rights. When the Sangareddy district was carved out, their membership was arbitrarily denied, which violates the Telangana State Cooperative Societies Act. The appellants contend that their membership request was duly submitted and acknowledged, and the respondent authorities even sought clarification about payment details before rejecting their inclusion. The appellants argued that the single judge had failed to consider the mandatory provisions of the Act, which required authorities to follow due procedure before rejecting membership applications. The appellants also alleged that the rejection was arbitrary and in violation of natural justice. In the writ plea, the respondents defended the exclusion, stating that the societies had failed to pay the requisite share capital and admission fee within the stipulated time, and that due notice was given through public announcements and the notices were displayed on official boards. After hearing the counsel for the petitioner, the panel posted the matter for further hearing.
HC urges discoms to reconsider linemen’s appointment
The Telangana High Court directed the Telangana State Northern Power Distribution Company Limited (TSNPDCL) and other power distribution companies (Discoms) to consider 64 individual representations seeking appointment as junior linemen under the 2006 recruitment notification. Justice Nagesh Bheemapaka disposed of a batch of writ petitions challenging the non-appointment of eligible candidates despite previous undertakings given by the Discoms before the High Court and Supreme Court. The judge dealt with writ pleas filed by CH. Kailas and 63 others. The judge addressed many petitions where candidates alleged that TSNPDCL had failed to honour its commitment to appoint those who had applied in 2006, and had cleared the pole-climbing test and had met all eligibility criteria. The petitioners argued that while several vacancies had been filled, many qualified candidates were left out despite Supreme Court orders directing their absorption. The recruitment process was initiated by TSNPDCL and TSSPDCL in 2006, when 7,114 posts of junior linemen were notified. The selection process was challenged due to a clause that gave preference to contract workers based on age rather than merit. The High Court had struck down this clause in 2008, and the Supreme Court later upheld this decision in 2019, directing that all eligible candidates who had applied in 2006 be considered for appointment. Despite these rulings, the petitioners claimed that they were still being denied appointments. The Discoms contended that they had already absorbed contract workers and some fresh candidates as per previous court directions and that the remaining petitioners had not specifically demonstrated that they were affected by the earlier disqualification clause. In response, the judge directed the petitioners to submit individual representations with proof of eligibility as per the 2006 notification. The judge directed the Discoms to review these applications and take appropriate action within four weeks.
Stay away from food court: HC to police
Justice B. Vijaysen Reddy of the Telangana High Court restrained the police from interfering with the business activities of Merajs Palm Arabiana in its operations of a food court in Shamshabad . The judge was dealing with a writ plea filed by the management of the food court that questioned the issuance of a show cause notice from the Shamshabad SHO. The food court sought judicial intervention to declare the notice, which questioned the petitioner as to running of its business operations around the clock, as illegal, arbitrary, and unconstitutional. The petitioner contended that it possesses all necessary permissions to operate round the clock under an order issued in 2023. As per the petitioner, the licence for the establishment is valid until March 16, 2025, and as per the Shops and Establishments Act, it is entitled to operate 24/7. However, the petitioner alleged that the authorities had failed to consider its explanation before issuing the notice. During the hearing, the government pleader argued that general permissions only allow operation until 1 am. The judge questioned the rationale behind allowing food establishments to remain open through midnight, to which the counsel for the petitioner submitted that Hyderabad was home to large IT parks that function past midnight, leading to demand for late-night dining options. The petitioner also pointed out to an explanation submitted by it on February 15, contending that there were no valid grounds to interfere with its business operations. After reviewing the submissions, the judge directed the respondent officials not to obstruct the food court's business activities and posted the matter for further adjudication.
