Hyderabad: Officials are entitled to stop vehicles carrying livestock and examine their licences and permits, but cannot hold them up for hours together once the paperwork is found to be in order, the Telangana High Court has held.
Justice Anil Kumar Jukanti, in an order passed on August 17, directed authorities not to detain a livestock transporter’s vehicles for prolonged periods where their documents were valid, while making clear that officials remain free to act under the law if the paperwork is found wanting.
“Duty of the officers is to ascertain the documents and verify that they are in order and in accordance with law… 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,” the court observed.
What the transporter alleged
The petition was filed by Hyderabad-based Go Greys Livestock Movers in April. It told the court that 11 of its vehicles had been repeatedly stopped by transport and police authorities on the pretext of inspection, and that on July 3, 6 and 10 this year, the vehicles were held at the roadside for hours without any valid reason.
The firm argued that these delays meant it could not deliver livestock to its customers on time, damaging both its goodwill and the businesses of those waiting on the consignments. It also alleged that its employees were harassed during these stoppages. The petition contended that this amounted to a violation of Article 19(1)(g) of the Constitution, which guarantees the right to practise any trade or business, and Article 21, which protects life and personal liberty.
The firm relied on its provisional trade licence issued under the Greater Hyderabad Municipal Corporation (GHMC) Act, along with its firm registration, to establish that it was operating lawfully.
What the govt said
The state government told the High Court that officials were simply discharging their duties, and that the vehicles were being stopped only to verify whether the required licences, permits and other documents were in place.
The court held that officials are indeed duty-bound to check whether a vehicle has a valid permit to transport livestock in the city, and may examine associated documents and payment particulars along with the licence. But it drew a clear line at what happens next: once the documents check out, officers are obliged to let the vehicle proceed.
“If the vehicles are detained for hours without any valid reasons in the name of checking, then it would definitely impair the business of the petitioner and also of such other persons who depend on timely delivery of livestock,” the court said, adding pointedly that the conduct alleged in the case did not reflect officials performing their duties in a proper manner.
The High Court also addressed an objection over the firm’s trade licence standing in the name of one Shanoor Khan, while the petition was filed by its authorised signatory, Shahnawaz Khan. It held that this discrepancy did not affect the running of the business, noting that an authorised signatory can be anyone so authorised, and that any objection concerning the licence itself was a matter for the GHMC rather than the transport or police authorities.
Disposing of the petition without costs, the court directed the authorities not to detain the vehicles for hours where the documents were proper, while reiterating that they retain full power to act where the paperwork is not in accordance with law.
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