Writ petition challenging the arrest and continued detention of the petitioner's uncle by CGST authorities was withdrawn at the petitioner's request and dismissed as withdrawn without costs.
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.
[3488 I
IN THE HIGH COURTFORTHE STATEOF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
THURSDAY, THE SECONDDAY OF APRIL TWO THOUSANDAND TWENTYSIX
PRESENT
THE HONOURABLETHECHIEF JUSTICESRI APARESH KUMARSINGH AND THE HONOURABLESRI JUSTICEG.M. MOHIUDDIN
WRIT PETITIONNO: 10826 oF 202s
Between:
Mohitt Plot No.6't Jain, S/o. Sunil to 63,PremJain . ' aoed Nivas about Sai 34 Sagar vears, Enclave,Occ Business, NearR/o Mansarovar9-7-54' HeightsA/illas, Secunderabad- 500009 ...'ET'T'ONER
...'ET'T'ONER
AND
...RESPONDENTS
Petition underArticle 226 of lhe constitution of lndia prayingthat in the circumstances statedin the affidavit filed therewith, the High court may be pleased to issue a writ, directionor order more particularlyonein the natureof Writ of Mandamus,
A. declaring the high-handed,illegal,and arbitrary actions of the Respondentsin effecting the arrest ofMr. Rupender Jain, the uncle of the Petitioner,purportedlyin connection with C.No.GEXCOM/AE/INV/GST 188412025-AE, as not in accordance with law, and are inviolation of the provisionsof the centralGoodsand Services Tax Act, 2017, and thejudgment of Hon'ble Supremecourt in RadhikaAgarwal v. union of lndia, andconsequently, set aside the arrest as being illegal and unsustainable in law
B. declaring the continueddetentionand illegal custodyof Mr. RupenderJainby the Respondent authorities,despite the rejection of the remand application by the Hon'ble Special Judge forEconomic Offences, Hyderabad,as wholly
unsustainable,arbitrary, unconstitutional,and violativeof the fundamentalrights guaranteed underrArticles14,21and 22 of the Constitutionof lndia' 1950 c. direct theRer;pondents,consequently,as a matter of principle'to pay symbolic compensationo,, 1/_ (Rupee one onry) to Mr. Rupender Jain for the iilegar arrest and continuedd:tentionin violation of law and constitutionalprotections'
lA NO: 1OF 201P
Petition underSection 151 cPC prayingthat in the circumstances stated in the affidavitfiled in supportof the petition, the High court may be pleased to D|RECTtheRespondentstonottakeanycoercivestepsinconnectionwith c.No.GEXCOIV|/AE/lNV/GST/88412025-AE, pending disposalof the present writ Petition.
Counselforthe Petitioner:SRI G'ASHOK REDDY counset forthe n"=pona"nts:SRI DOMlNlc FERNANDES, SENIOR STANDING COUNSELFOR CBIC
The Courtmade the following:ORDER
) \
TN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR STNGH
AND
THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN
WRIT PETITIO No.10826 of 2025
Datedz 02.04.2026
Befween:
Mohitt Jain
.. " Petitioner
and
Commissioner of GST,
Secunderabad CGST Commissionerate,
Room No.800,7ft Floor,
GST Bhavan, Hyderabad,
and another.
...Respondents
ORDER:
Learned counsel Sri G.Ashok Reddy appears for the petitioner.
Sri Dominic Fernandes, learned Senior Standing Counsel for
Central Board of Indirect Taxes and Customs, appears for the respondents
2. The writ petition has been preferred seeking the following relief:
"For the reasons aforementioned, it is therefore, prayed that this Hon'ble Court may be pleased to issue a writ, direction or order more particularly one in the nature of Writ of Mandamus,
2
of thc Ccutral Goods and Scrvices Tax Act. 2017, aud the .judgernentof Horr'bleSuprenreCourt h Rudhika Agat'w.alv. Union d India, and consequently, set aside the arest as being illegal and unsustainahle in law;
the writ petition
shall be no order as to costs.
Ivliscellaneous applications pending, ifany, shall stand closed. SD/. AHMED ABDULLA KHAN ASSISTANT REG]STRAR 6
//TRUE COPY//
SECTION OFFICER
PSK. TKS \ct
HIGH COLIRT
DATED:02t10412026
ORDER
WP.No.10 26 of 2025
toR THE s
o
(r;t 2 3 APn 2026
t
*
rcH ED
DISMISS!NG THE WRIT PETITION HOUT COSTS
6 ce^.(.L
tro*
Mohit Jain
Commissioner of GST, Secunderabad CGST Commissionerate
Superintendent of Central Excise, Anti-Evasion Section, CGST Secunderabad
Aparesh Kumar Singh
G.M. Mohiuddin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
