This order dismisses multiple writ petitions concerning excise matters before the High Court of Andhra Pradesh, relying on a Full Bench reference and the Supreme Court decision in Commissioner, Prohibition and Excise, A.P. vs. Sharma Goud.
Dismissal of writ petitions; closure of pending miscellaneous applications.
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HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON’BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION Nos. 24392, 31451, 32154 and 34431 of 1997; 4992, 11887, 12626, 13105 and 33387 of 2008; 26031 of 1999; 157, 5214, 12983, 20296 of 2000; 3914, 15545, 19471 and 22266 of 2001; 916, 4954, 8671, 8677, 14483, 15276, 15377, 20378, 22948, 24132, 24776 and 24779 of 2002; 101, 14756, 16948, 24166 and 27067 of 2003; 8157, 8541, 8977, 13875 and 18574 of 2004; 10099 and 26905 of 2006; 15282, 15931, 18073, 19665 and 22120 of 2007; 2502, 4851, 5367, 5405, 6014, 6115 and 9482 of 2008
Date: 12.04.2016
W.P.No.24392 of 1997 Between:
ABT Limited, rep., by its Senior Manager, Tamilnadu.
… Petitioner
And
The Commissioner of Prohibition and Excise, A.P., Hyderabad & another.
… Respondents
This Court made the following:
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON’BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION Nos. 24392, 31451, 32154 and 34431 of 1997; 4992, 11887, 12626, 13105 and 33387 of 2008; 26031 of 1999; 157, 5214, 12983, 20296 of 2000; 3914, 15545, 19471 and 22266 of 2001; 916, 4954, 8671, 8677, 14483, 15276, 15377, 20378, 22948, 24132, 24776 and 24779 of 2002; 101, 14756, 16948, 24166 and 27067 of 2003; 8157, 8541, 8977, 13875 and 18574 of 2004; 10099 and 26905 of 2006; 15282, 15931, 18073, 19665 and 22120 of 2007; 2502, 4851, 5367, 5405, 6014, 6115 and 9482 of 2008
PC: (per the Hon’ble The Acting Chief Justice Dilip B. Bhosale)
Learned counsel for the petitioners, in all fairness, state that these writ petitions deserve to be dismissed in view of the reference answered by the Full Bench, dated 26.06.2015, in Writ Petition No.20296 of 2000 and batch, following the decision of the Supreme Court in Commissioner, Prohibition and Excise, A.P. and another vs. Sharma Goud a[1] .
In the circumstances, all the writ petitions are dismissed following the judgment of the Full Bench, dated 26.06.2015, passed in the aforementioned batch of writ petitions.
Consequently, pending miscellaneous applications, shall also stand closed. There shall no order as to costs.
________________________ DILIP. B. BHOSALE, ACJ
________________________ P. NAVEEN RAO, J
Date: 12.04.2016 ES
[1] (2007) 6 SCC 42
1 issue framed by the court
Whether the present writ petitions are maintainable given the Full Bench reference and Supreme Court decision in Commissioner vs. Sharma Goud.
Colour shows how this judgement treated each authority
Commissioner, Prohibition and Excise, A.P. and another vs. Sharma GoudFollowed¶15
Commissioner, Prohibition and Excise, A.P. and another vs. Sharma Goud
(2007) 6 SCC 42Referred¶21
ABT Limited
Commissioner of Prohibition and Excise, A.P.
DILIP B. BHOSALE
P. NAVEEN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
