Disposed

M/s. Guru Construction v. The Deputy Commissioner of Central Tax

Telangana HC1 Sept 2023WP/1059/2023

Case brief

AI extract

What is this about?

The High Court issued a notice to show cause for admitting a writ appeal and an interim application seeking suspension of an office memorandum. The Court directed service of notice on respondents via post and listed the matter for hearing after two weeks.

What did the court decide?

The Court directed issue of notice to show cause to respondents on merits of writ appeal and interim application.

M/s. Guru Construction Vs The Deputy… — Constitutional and Fundamental Rights | Telangana HC (2023)

¶1

I³³⁷⁷ |

¶2

(sHow CAUSE NOTTCE BEFORE ADMISSTON) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

THURSDAY, THE NTNTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

¶4

:PRESENT:

¶5

THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND

¶6

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT APPEAL NO: 1059 OF 2023

¶7

Between:

¶8

l. M/s. Surya Seeds Limited, Represented by its Director Sri . N. Venkateswara Rao, S/o. Samabaiah, Office at 3-50, NH-44, Yellampet Village, Medchal District.

¶9

M/s. Accurate Bio Tech Seed India (P) Ltd, Represented by its Director Smt. N. Aruna, Wo. Venkateswara Rao, Office at Plot No. 139, K V Reddy Nagar, Gundla Pochampally Village, Medchal District.

¶10

M/s. Shatavahan Bio Sciences Private Limited, Represented by its Director Sri K.Raghu Babu, S/o. Rama Rao, Regd office at 8-3-i2glDlll34, Part A, 2nd floor, Sravantinagar, Jubilee Hills, Hyderabad.

¶11

M/s. Sun Seeds and Bio Sciences, Represented by its Partner, Smt. K. Anuradha, Wo. Raghu Babu, Regd office at 8-3-2291D11134, Part A, 2nd floor, Sravantinagar, Jubilee Hills, Hyderabad.

¶12

Appellant/Writ Petitioner

¶13

¶14

L The Union of India, Rep. by its Secretary, Ministry of Environment, Forest And Climate Change, CS.III (Biosafety) Division, New Delhi.

¶15

The Union of India, Rep. by its Secretary, Ministry of Agriculture and Farmers Welfare Department of Agriculture, Cooperation and Farmers Welfare, New Delhi.

¶16

The Genetic Engineering Appraisal Committee(GEAC), Rep. by its Director and Member Secretary, Ali Ganj Road, Jorbagh, New Delhi.

¶17

Indian Council of Agricultural Research(ICAR), Rep.by its Director General. Krishi Bhawan, New Delhi.

¶18

The State of Telangana, Rep. by its Principal Secretary, Agriculture Department, Secretariat, Hyderabad.

¶19

The Licensing Authority, Additional Director of Agriculture, Olfice of the Commissioner and Director of Agriculture, Basheerbagh, Hyderabad.

¶20

Respondents

¶21

WHEREAS the Appellant above named through their Advocate Sri Kothapalli Sai Sri Harsha presented this appeal under Clause l5 of Letters Patent Act, the Hon'ble court may be pleased to set-aside the order passed in WP.No.1845812022, dated 27-04-2023 pending disposal of the writ appeal in the interest ofjustice;

¶22

AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri KOTHAPALLI SAI SRI HARSHA Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT APPEAL should not be admitted.

¶23

You viz:

¶24

The Secretary, lJnion of India, Ministry of Environment, Forest and Climate Change, CS.lll (Biosafet'r) Division, New Delhi.

¶25

The Secretary. IJnion of India, Ministry of Agriculture and Farmers Welfare Department of Agriculture, Cooperation and Farmers Welfare, New Delhi.

¶26

The Director and Member Secretary, Genetic Engineering Appraisal Committee(GE,ztC), Ali Ganj Road, Jorbagh, New Delhi

¶27

The Director^(leneral, Indian Council of Agricultural Research(ICAR), Krishi Bhawan, New trelhi

¶28

The Principal liecretary, Agriculture Department, State of Telangana, Secretariat, Hyderabad.

¶29

The Licensing Authority, Additional Director of Agriculture, Office of the Commission€r €Lfld Director of Agriculture, Basheerbagh, Hyderabad.

¶30

are directed as to why in the circumstances set out in the appeal and the memorandum of grounds filed therewith (:opy enclosed) this WRIT APPEAL should not be admitted.

¶31

IA NO: 2 OF 2023

¶32

Petition under Section l5l CPC praying that in the circumstances stated in the affrdavit filed in supporl of the petition, the High Court ma1, be pleased to suspend the r.rremorandum issued try the third respondent on 24.04.2017 pending disposal of the writ appeal in the interest o I^j ustice, pending disposal of WA No. I 059 of 2023, on the file of the I{igh Court.

¶33

The Court made the following: ORDER:

¶34

Mr. K.V.Bhanu Prasad, learned counsel, appears for Mr. K.Sai Sri Harsha, learned counsel for the appellants.

¶35

Mrs. B. K:n,ita Yadav, Iearned Standing Counsel for Central Government for respondent Nos.l to 3.

¶36

This intra court appeal has been filed against the order dated 27.04.2023 passed by the learned Single Judge in W.P.No.18458 of 2022.

¶37

Learned counsel for the appellants submits that the learned Single Judge ou6ght to have appreciated that the validity of the office memorandum darted 24.04,2017 was challenged.

¶38

In view of the aforesaid submission, issue notice in the main case as well as in I.A.lVo.2 of 2023.

¶39

Learned counsel for the appellants is permitted to take out personal notice on the respondents by way of registered post with acknowledgment due or by speed post and file proof of service.

¶40

List after two weeks.

¶41

SD/- T. JAYASREH ASSISTANI' REGI :]'RAI?

//TRUE COPYI/

OFFICER

To,

The Secretary, Union of India, Ministry of Environment, Forest and Climate Change, CS.IIl (Biosafety) Division, New Delhi.

¶46

The Secretary, Union of India, Ministry of Agriculture and Fanners Welfare Department of Agriculture, Cooperation and Farmers Welfare, New Delhi.

¶47

The Director and Member Secretary, Genetic Engineering Appraisal Committee(GEAc), Ali Ganj Road, Jorbagh, New Delhi.

¶48

The Director General, Indian Council of Agricultural Research(ICAR). Krishi Bhawan, New Delhi.

¶49

The Principal Secretary, Agriculture Department, State of Telangana, Secretariat, Hyderabad.

¶50

The Licensing Authority, Additional Director of Agriculture, Office of the Commissioner and Director of Agriculture, Basheerbagh, Hyderabad. (l to 6 by RPAD- along with a copy of petition and Affidavit)

¶51

One CC to SRI. KOTHAPALLI SAI SRI HARSHA Advocate [OPUC]

¶52

One CC to SRI. B KAVITHA YADAV (CENTRAL GOVT COLINSEL) Advocate loPUCI

¶53

One spare copy

HIGH COURT

HCJ AND NVSKJ

DATED:0911112023

LIST AFTER TWO WEI'KS

¶58

NOTICE BEFORE ATII4ISSI0N

¶59

WA.No.l059 of 2023

¶60

.. ..-. j .-- 1:r.fr:-;- -*
..i,,tji-. rl:i:
-t
il
A"/_
I
lt 1 t N$l i-t33
<br>:

M/s. Guru Construction v. The Deputy Commissioner of Central Tax

Case brief

What is this about?

What did the court decide?

M/s. Guru Construction v. The Deputy Commissioner of Central Tax

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Sales Tax Appellate Tribunal Vs M/S.Priyadarshini Cement Ltd.

M/s Sneh Communication Vs Deputy Commercial Tax Officer

The State of Andhra Pradesh Vs M/s. Priyadarishini Cement Limited

Mohd. Murtuza Vs The state of Telangana

Vic Therapeutics Pvt. Ltd. Vs Tax Recovery Officer

Commissioner of Customs Central Excise and Service Tax Vs Wings Aviation Private Limited