Multiple writ petitions under Article 226 and Section 151 CPC filed by a transport proprietor seeking quashment of tax orders were dismissed as withdrawn by the High Court of Telangana.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3386 ]
HIGH COURT FOR THE STATE OF TELANGANAAT HYOERABAD (Special Original Jurisdiction)
THURSDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE SR! JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANAALISHETTY
WRIT PETITION N Os.2O737.2O73820741AND 20750 0F 2023
WRIT PETITIO N NO.20737 0F2023
Between:
M/s. A M Transport, Rep By lts Proprietorof Abdul Gani S/o Not KnowAged. 53 Years Occ. Busihess H.'No.-'t-7-18, IndiraNagar, C/o Shop No. 05, LorryParking' Hyderabad Road, Tandur, VikarabadDistrict,Telangana - 501 141 -
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitutionof lndiaprayingthat in the circumstances stated in the affidavitfiled therewith,the High Court maybe pleased to issue a writ, order or direction one in the nature ofWrit of mandamus declaring the action of the stay operation of theimpugned Orders dated1 5-03- 2023 passed by Respondent No. 3 and impugnedOrder dated 2047-2021 passed by Respondent No. 2 pending disposal of the abovewrit petition.
o .-? ,-'-
II I I ll E i I l
lA NO: 1 OF 2023
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 set aside the impugned Orders dated 15-03-2023 passed by Respondent No- 3 and impugned Orderdated 20-07 -2021 passed by Respondent No.2.
WRIT PETITION NO: 20738OF 2023
Between:
M/s. A M Transport, Rep. By lts Proprietor of AMul Gani S/o Not Know, Aged 53 Years Occ. Business H. No. 1-7-18, lndira Nagar, C/o Shop No. 05, Lorry Parting, Hyderabad Road, Tandur, Vikarabad District, Telangana 501 141.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction one in the nature of Writ of mandamus declaring the action of the stay operation of the impugned Orders dated 15-03-2023 passed by Respondent No. 3 and impugned Order dated 2O-O7-2O21 passed by Respondent No. 2 pending disposal of the above writ petition.
lA NO: 1 QF 2023
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 set aside the impugned Orders dated 15-03-2023 passed by Respondent No. 3 and impugned Order dated 2O-O7 -2021 passed by Respondent No. 2 pending disposal of Writ Petition-
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---.-- )
WRIT PETITIONNO: 20741OF2023
/
Between
M/s. A M Transport, RepBy lts Proprietorof Abdul.GaniS/o Not KnowAged53 veirs Oic Busin'ess'H. f.to. i-z- 18,'lndiraNagar, C/o Shopl{o.05, LorryParking, f{yderabad Road, Tandur,Vikarabad District,Telangana - 501 141
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226of the constitutionof lndiaprayingthat in the circumstances stated inthe affidavitfiled therewith, the High court may be pleased to issue a writ, order or directionone in the nature of writ of mandamus declaring the action of thestayoperation of the impugnedorders dated 15-03-2023 passed by RespondentNo. 3 and impugnedOrder dated20-07-2021 passed by Respondent No. 2pending disposal of the abovewrit petition'
lA NO: 1 OF 2023
Petition under section151 CPC praying that in the circumstancesstated in the affidavit filed insupport of the petition, the High court may be pleased to set aside the impugned Ordersdated 15-03'2023 passedby Respondent No' 3 and impugned Order dated2O-O7'2021passed by Respondent No. 2.
WRIT PETITIoN NO: 2O75OOF 2023
Between:
M/s. A M Transport, Rep.By lts Proprietorof Mol-rd AslamH' No' 1-7-18, lndira ttigar, C/o Shdp No. oS,Lorry Paiking,HyderabadRoad' Tandur, Vikarabad District, Telangana - 501141.
...PETITIONER
AND
I I I i l i ! i
I t I I i
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the stay operation of the impugned Orders dated 15-03-2023 passed by Respondent No. 3 and impugned Order dated 2O-Ol -2021 passed by Respondent No. 2 pending disposal of the above writ petition.
lA NO: I OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affklavit filed in support of the petition, the High Court may be pleased to set aside the impugned Orders dated 15-03-2023 passed by Respondent No. 3 and impugned Order dated 2O-O7 -2021 passed by Respondent No. 2 pending disposal of the writ petition.
Counsel for the Petitioner in all the Writ Petitions: SRI CHETLURU SREENIVAS
Counsel for the Respondent No.1 in all the Writ Petitions:
SRI GADI PRAVEEN KUMAR, DEPUW SOLICITOR GENERAL OF INDIA
Counsel for the Respondent Nos.2 & 3 in all the Writ Petitions:
Mr. DOMINIC FERNANDES, S.C. FOR CENTRAL TAX
The Court made the following: COMMON ORDER
i I l I I I, I
THE HON'BLE SRI JUSTICE P.SAM KOSIIY
AND
THE IION'BLE SRI JUSTICE A. LAI(}U NARA.YANA
WRIT PETITION Nos.2O737 2073a 2O74L and.2O75O of 2o23
COMMON OR.DER (per Hon'ble Sri Justice P.SAM KOSIIY)
Learned counsel for the petitioners in all the writ petitions prays for
withdrawal of these Writ Petitions vrith liberty to file duly constituted writ petitions.
closed.
SD/. P.Ch. NAGABHUSHAMBA ASSIST4ITT REGISTRAR //TRUE COPY/I Lfr seciltou oFFlcER \
To..-'1. On" CC tO SRICHETLURU SREENIVAS,AdVOCAIEIOPUC] 2. Ooe CC toSRt cnoiFii{vEe-r.rkuuAn, DeputySolicitoi Generalof lndia toPUCl
s. b*;e-ct toMr. DoMlNlc FERNANDES' Advocate[oPUC] 4. Two CD Copies.
MP GJP
HIGH COURT
DATED:03/ 23
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COMMON ORDER
W.P.NOs.20737, 20738, 207 41 AND 20750 OF 2023
DISMISSING THE WRIT PETITIONS AS WITHDRAWN, WITHOUT COSTS
M/s. A M Transport
The Union of India
Assistant Commissioner of Central Tax, Sangareddy
Office of the Commissioner of GST and Central Tax, Appeals-II, Hyderabad
P. Sam Koshy
Laxmi Narayana Alishetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
