Dismissed

Mr.Chenduluru Satish v. The state of Andhra Pradesh

Andhra Pradesh HC31 Aug 2023WP/35546/2022

Case brief

AI extract

What is this about?

In a writ petition challenging Section 74 CGST Act proceedings, the High Court of Andhra Pradesh dismissed the petition as withdrawn with liberty to file a fresh writ petition with correct particulars upon an application by the petitioner's counsel.

What did the court decide?

Permission granted to withdraw the writ petition with liberty to file a fresh writ petition with correct particulars.

Mr.Chenduluru Satish Vs The state of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA^{PRADESH :: AMARAVATI} (Special Original Jurisdiction)

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THURSDAY, THE THIRTY FIRST DAY OF^AUGUST TWO THOUSAND AND^{TWENTY THREE}

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PRESENT

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THE HONOURABLE SRI JUSTICE^{U.DURGA PRASAD RAO}

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AND

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THE HONOURABLE SMT JUSTICE VENKATA^{JYOTHIRMAI PRATAPA}

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WRIT PETITION NO: 35546 OF 2022

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Between:

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Mr.Chenduluru Satish, S/o Ch. Venlcaiah, Aged- 42 years, R/o 26/3315, Tyagaraja Nagar, Vedayapalem, Nellore.

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Mr.Kante Dorababu, S/o K.Ratnaiah, Aged about 50 years, 25/13/567, NGO Colony, Bhaktavatsalam Nagar, Nellore.

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Mr.Shaik Muthahar Basha, S/o Sk. Rahamtulla, aged about 50 years, NTR Nagar, Tiruflag Centre, Nellore

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Mr. Sk. Meerabasha, S/o Sk.KazaRahmtulla, aged about 45 years, Market Road, Settigunta Road, Nellore.

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...PETITIONER(S)

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AND

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The state of Andhra Pradesh, Rep.By Its Chief Commissioner Sales Tax Department, D.No-5-59, R.K. Spring Vally Apartment, Bandar Road, Edupugallu Village, Vijayawada, KankipaduMandal, Krishna District, Pin521151

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Assistant Commissioner (ST) Circle-II, Nellore, SPSR Nellore District.

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The Municipal Corporation Nellore, Rep. By its Commissioner, Nellore, SPSR Nellore District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or proceeding more particularly one in the nature of 'Writ of Mandamus' declaring the action of the 2nd respondent vide its proceedings in viz, The Hon'ble Court may be pleased to issue a writ or order or proceeding more particularly one in the nature of 'Writ of Mandamus' declaring the action of the 2nd respondent vide its proceedings viz, GSTN37AGSPC658M3ZK dated- 30.12.2021, against the 1st petitioner, Proceedings in GSTIN37BEHPK9569Q2ZA,Dated- 22.10.2021 against the 2nd Petitioner, Proceedings in GST No- 37AMQPS9147N1ZU, Dated- 12.01.2022 against the

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3rd petitioner and Proceedings in GST No- 37BCBPS4901E1ZS, Dated11.01.2022 against the 4th petitioner allegedly exercising the power U/Sec.74 of the CGST Act as Illegal Arbitrary, Violative of principles of Natural Justice and Violative of Art.14 of the Constitution of India and ultra vires their powers.

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IA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent not to take coercive steps against the petitioners insisting for implementation of the impugned orders in the above writ petition pending disposal of the above writ petition.

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Counsel for the Petitioner :SRI V V S C MURALIDHAR RAO

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Counsel for the Respondents Nos.1 & 2: GP FOR COMMERCIAL TAX

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Counsel for the Respondent No.3: SRI K.SURESHKUMAR, SC FOR MUNICIPAL CORPORATION

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE U.DURGA PRASAD RAO AND

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HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION No.35546 of 2022

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ORDER: (per UDPR, J)

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In view of the letter dated 28.08.2023 filed by the learned

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counsel for petitioner before the Registry seeking permission of this Court to withdraw the writ petition with a liberty to file a fresh writ petition with correct particulars, permission for withdrawal is accorded.

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Accordingly, this writ petition is dismissed as withdrawn

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with the liberty as prayed for. No costs. As a sequel, interlocutory

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applications pending, if any, in this case shall stand closed.

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SD/- V. SAVITHRI GOWRI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

One CC to SRI V V S C MURALIDHAR RAO Advocate [OPUC] 2. One CC to SRI K.SURESH KUMAR, SC FOR MUNICIPAL CORPORATION Advocate [OPUC]

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Two CCs to GP FOR COMMERCIAL TAX ,High Court Of Andhra Pradesh. [OUT]

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Three CD Copies

GSR

GSR

HIGH COURT

DATED:31/08/2023

ORDER

WP.No.35546 of 2022

F ANDHR4
16 0CT 2023
Current Section
DES PA7r''{~~.

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DISMISSING AS WITHDRAWN OF THE WP

Mr.Chenduluru Satish v. The state of Andhra Pradesh

Case brief

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Mr.Chenduluru Satish v. The state of Andhra Pradesh

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