Quashed

M/s. Sri Radha Krishna Rice Industry, v. The Deputy Commissioner of Commercial Taxes

Telangana HC3 Oct 2012WP/30816/2012

Case brief

AI extract

What is this about?

The High Court quashed a revisional order by the Deputy Commissioner of Commercial Taxes for failure to afford an opportunity of personal hearing, relying on the ratio of an earlier connected writ petition, and permitted a fresh order after notice.

What did the court decide?

The revisional order dated 28.04.2012 is quashed; petitioner granted liberty to issue notice for personal hearing.

M/s. Sri Radha Krishna Rice Industry, Vs… — Public Procurement and Tenders | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE GODA RAGHURAM AND

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THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO

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WRIT PETITION No.30816 of 2012

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Date: 03.10.2012

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Between: M/s.Sri Radha Krishna Rice Industry, Nellore. Represented by its Managing Partner

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… Petitioner

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AND

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The Deputy Commissioner of Commercial Taxes, Nellore Division, Nellore and another

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… Respondents

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THE HON’BLE SRI JUSTICE GODA RAGHURAM AND

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THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.30816 of 2012

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ORDER (Per the Hon’ble Sri Justice Goda Raghuram):

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The revisional order passed by the first respondent dated 28.04.2012 is assailed in this writ petition.

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Another revisional order of even date passed by the first respondent herein in respect of another dealer was challenged by that dealer in W.P.No.30306 of 2012. This Court by the judgment dated 03.10.2012 set aside the order of revision in that writ petition for the reasons recorded therein, namely failure to afford an opportunity of personal hearing.

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For reasons recorded in the judgment in W.P.No.30306 of 2012, the impugned order of revision bearing Rv.No.16/2011-12/A6 in TIN 28110133501/2007-08 (CST), dated 28.04.2012 cannot be sustained and is accordingly quashed. The first respondent however is at liberty to issue a notice to the petitioner scheduling the date for personal hearing and after affording such personal hearing if availed by the petitioner by the stipulated date, may pass a fresh order of revision, in accordance with law.

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The writ petition is disposed of as above at the stage of admission, after hearing Sri M.V.J.K.Kumar, the learned counsel for the petitioner and Sri B. Venkatadri, the learned Standing Counsel for the respondents. In the circumstances however there shall be no order as to costs.

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JUSTICE GODA RAGHURAM

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Date: 03.10.2012

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JUSTICE M.S.RAMACHANDRA RAO

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THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO

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WRIT PETITION No.30816 of 2012 (order of the Bench delivered by the Hon’ble Sri Justice Goda Raghuram)

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Date: 03.10.2012

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M/s. Sri Radha Krishna Rice Industry, v. The Deputy Commissioner of Commercial Taxes

Case brief

What is this about?

What did the court decide?

M/s. Sri Radha Krishna Rice Industry, v. The Deputy Commissioner of Commercial Taxes

Case brief

What is this about?

What did the court decide?

What the court decided

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