Telangana High Court
WP/23993/2004 of Krishidhan Seeds Ltd., rep.by its Branch Manager, Vs Special Assistant Commercial Tax officer, on 30 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE M.H.S. ANSARI and THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO : 23993 of 2004 Between: Krishidhan Seeds Ltd.,
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE M.H.S. ANSARI
and THE HON'BLE MR JUSTICE ELIPE DHARMA RAO
WRIT PETITION NO : 23993 of 2004
Between:
Krishidhan Seeds Ltd., rep.by its Branch Manager, Surendra TawariS/o.Sudhakar Kurnool (Post & District) (A.P)
..... PETITIONER
AND
1 Special Assistant Commercial Tax officer, Vadiampet, Ananthapur District.
2 Mr.M.Ramesh Kumar Reddy, Special Assistant Commercial Tax officer, Vadiampet (Post), Ananthapur District.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India prayingthat in the circumstances stated in the affidavit filed herein the HighCourt will be pleased to issue an order or direction or writ moreappropriately writ of Mandamus to declare the action of theRespondents in detaining the petitioner's lorries i.e. lorry No.AP02V1296 & AP02U 7084 as illegal and further direct the respondents to pay the damages sustained by the petitioner at Rs.50,000 per dayduring the detention period and pass such other order or orders.
Counsel for the Petitioner:MR.K.RAJANNA
Counsel for the Respondent No.: GP FOR COMMERCIAL TAX
The Court at the admission stage made the following :O R D E R (Per MHSA,J)
As it was represented before us by the learned Standing Counsel forCommercial Tax that lorries have been released upon payment oftax, writ petition was rendered infructuous, however, the matter wasadjourned from 27.12.2004 to this date on the prayer on the learnedcounsel for the petitioner to obtain instructions of his client.
2. It is represented by the learned counsel for the petitioner that thelorries have been released and that petitioner had paid tax underprotest and it is further submitted by the learned counsel for thepetitioner that no tax at all is due and payable by the petitioner andthe collection has been made illegally.
3. These are subsequent events which, it shall be open for thepetitioner, if so advised, to question by appropriate writ petition. Aslorries have been released, the writ petition, as framed, is renderedinfructuous and is accordingly dismissed.
4. It is hereby clarified that the dismissal of the instant writ petition asinfructuous shall not preclude the respondents from proceeding withthe enquiry as to the payment of tax in accordance with law, nor shallit preclude the petitioner from questioning such subsequent action bysuch proceedings, as he may be advised.
5. No order as to costs.
----------------------------
M.H.S.ANSARI,J
-----------------------------
ELIPE DHARMA RAO,J
AVS
DATE:30.12.2004
To
1 Special Assistant Commercial Tax officer, Vadiampet,Ananthapur District.
2. Two C.Cs. to G.P. for Commercial Tax, High Court of A.P.Buildings, Hyderabad (O.U.T.).Buildings, Hyderabad (O.U.T.).
3. Two C.D. copies.