Allowed

M/s. Sai Raja Rajeshwara Transport and Metal Suppliers v. Commercial Tax Officer (Ct)

Telangana HC12 Dec 2023WP/33181/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a transport company seeking a certified copy of an Entry Tax assessment order dated 07-03-2022. The court noted the order was returned as undelivered and directed the respondent to furnish the copy forthwith.

What did the court decide?

Directing Respondent No.1 to forthwith provide the certified copy of the order dated 07.03.2022 to the petitioner in accordance with governing rules.

M/s. Sai Raja Rajeshwara Transport… — Constitutional and Fundamental Rights | Telangana HC (2023)

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[³³⁷⁹ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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WRIT PETITION NO: 33181 OF 2023

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Between:

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M/s. Sai Raja Rajeshwara Transport and Metal Suppliers, rep. by its Pa(ner, Mr. N Ramesh, 4-5-1 10, Subhashnagar, Peddapalli-505 17 2, Karimnaqar District.

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.....PETITIONER

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AND

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Commercial Tax Officer (CT). Peddapalli Circle. Karimnagar Division, Karimnagar.

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The State of Telangana, rep. by its Principal Secretary to Government, Revenue (CT-ll) Department, Secretariat, Hyderabad.

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.....RESPONDENTS

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Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Wrrt of Mandamus or any other appropriate writ or order or direction to direct the 1't Respondent to furnish certified copy of the order dated 07 -03-2022 passed by him for the assessmenl year 2017 -18 under the Entry Tax Act, 2001

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|.A.NO:1 OF 2023

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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 grant stay of all further proceedings pursuant to the impugned order of the 1s( Respondent dated 07-03-2022 for the assessme^t year 2017-18 (April to June,

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2017), pending disposal of the writ petition as otherwise the Petitioner will be put to severe loss and hardship.

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Counsel for the Petitioner : SRI KARTHIK RAMANA PUTTAMREDDY

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Counsel for the Respondents : Spl Standing Council for Commercial Taxes The Court made the following ORDER

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THE HONOURABLE^{SRI JUSTICEP.SAM KOSHY} AND THE HONOURABLE^{SRI JUSTICEN.TUI(ARAMJI}

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WRIT PETITION^{No.331810F 2023}

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ORDER:(per^{Hon'bLe Si Justice P.SAMKOSHYI}

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This Writ Petition^{has been filed seeking for alimited} direction to respondent^{No.1 to furnish certified copy of the order} dated O7.03 .2022^{passed by him for the assessment year} 2Ol7-18 under^{the Entry Tax Act, 2001'}

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The contention^{of learned counselfor the petitioner is all} along was that^{the said orderhas never been served upon the} petitioner. When^{the petitioner wentto obtain certified copy of} the said order^{on a telephonicinformation received by the} Department,^{the same was refused'}

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On the^{previous date of hearing,we have directed the learned} counsel for the^{Departmentto ascertainwhether the original} orderdatedoT.o3,2o22wasinfactserveduponthepetitioneror not. Today,^{learned counselfor the Departmentsubmits that} she has received^{instructions from the Departmentstating that} though the order^{was passed on 07 'O3 '2022} '^{the same could not} be served upon^{the petitioner,as the ordersent through} registered post^{was returnedback to the Department with} endorsement^{"addresseenot found'hencereturnedto sender"'} I

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The Department received the acknowledgement to the above effect on 12.O3.2O22_

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In view of the aforesaid specihc instructions received by the learned counsel for the Department, we are of the considered opinion that it appears that the copy of the order dated O7.O3.2O22 in facr \r.as not duly served upon the petitioner. Therefore, the petitioner is entitled for the certifred copy of the said order

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Accordingly, the writ petition stands disposed of directing respondent No. I to forthwith provide the certifred copy of order dated 07.03.2022 to the petitioner in accordance with governing rules. Miscellaneous applications, if any pending in this Writ Petition, shall stand closed. No order as to costs.

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SD/-MOHD. SANAULLAH^ANSARI ASSlSTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To 1. The Commercial Tax Officer^{(CT), PeddapalliCircle' KarimnagarDivision,} Karimnagar.

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The Priniipal Secretary^{to Government, Revenue(CT-ll) Department'} Secretariat, State of^{Telangana at Hyderabad.}

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One CC to Sri Karthik Ramana^{Puttamreddy, Advocate} [OPUC]

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One CC to Spl Standing Council^{for Commercial Taxes} [OPUC] 5 Two CD Copies

SA BS 9r

HIGH COURT

DATED:1211212023

ORDER

WP.No.33181 of 2023

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DISPOSINC^()F THE W.P

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WITHOUT COSTS.

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L^coPie'1 w- {6.

M/s. Sai Raja Rajeshwara Transport and Metal Suppliers v. Commercial Tax Officer (Ct)

Case brief

What is this about?

What did the court decide?

M/s. Sai Raja Rajeshwara Transport and Metal Suppliers v. Commercial Tax Officer (Ct)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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