Telangana High Court

WP/8835/1998 of Smt. M.Satya Sundari, Vs Deputy Transport Commissioner AND Secretary, on 29 December 2008

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 8835 of 1998 Between: Smt. M.Satya Sundari,

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE GODA RAGHURAMand

THE HON'BLE MR JUSTICE SANJAY KUMAR

WRIT PETITION NO : 8835 of 1998

Between:

Smt. M.Satya Sundari, W/o. Sivaji Rao.

Vinayaka Rice Mill, Samalkota,

East Godavari.

AND

..... PETITIONER

Deputy Transport Commissioner & Secretary, Regional TransportAuthority, Kakinada, East Godavari.

.....RESPONDENT

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue an appropriate writ, order or directionpreferably one in the nature of Writ of Certiorari, calling for the recordsrelating to the impugned Demand Notice of the Respondents herein inhis R.No.35486/A1/96, dated 7-11-197 levying and demanding a sumof Rs.17, 204/- towards the difference of tax in respect of thePetitioner's stage carriage Bus -AP.5/T.2932 plying on Town ServiceRoute- Peddapuram Degree College to Unduru, under a regular permitand quash the same such other or further orders as are necessary.

Counsel for the Petitioner:MR.E.MARUTHI RAJA

Counsel for the Respondent No.: GP FOR TRANSPORT

The Court made the following :

THE HON’BLE SRI JUSTICEGODA RAGHURAM

AndTHE HON’BLE SRI JUSTICEP.V. SANJAY KUMAR

W.P.No. 8835 of 1998

Oral Order: (Per: GR, J)

The petitioner’s stage carriage bus bearingregistration No. AP-5/T-2932 was stopped and checked on 29-10-1996 and found plying on an unauthorized route indeviation of the permit. Consequently, the impugneddemand notice dated 07-11-1997 was issued demandingthe difference tax payable i.e., an amount of Rs.17,204-00, assailing which the writ petition is filed.

It is fairly stated by the learned Government Pleaderfor Transport that in view of the judgment of the Full Benchof this Court in Kanapala Rama Rao v. Regional TransportOfficer, Srikakulam[1]and affirmed by a Larger BenchJudgment of this Court reported in

L. Royal Reddy and others v. Government of A.P[2], thenotice of demand calling upon the petitioner to pay thedifference of tax is not sustainable.

In the light of the submissions and in the light of thejudgments of this Court supra, the impugned demandnotice is quashed.

On 01-04-1998 interim stay was granted by thisCourt on condition that the petitioner deposits an amount of Rs.5,000-00 (Rupees five thousands only) with therespondent within three weeks. It is stated by the learnedcounsel for the petitioner that pursuant to the conditionalinterim order above, the petitioner has deposited theamount of Rs.5,000-00 (Rupees five thousand only). Ifthat be so, in view of the quashing of the impugneddemand notice, the petitioner shall be entitled to refund ofthe amount deposited.

The respondent shall refund the deposited amountto the petitioner within a period of two weeks on hermaking an application for refund of the deposit.

The writ petition is accordingly disposed of. Thereshall however be no order as to costs.

____________________

GODA RAGHURAM, J

Dated: 29-12-2008Pvks

_________________________

P.V. SANJAY KUMAR, J

12001 (6) ALD 402 (FB)22004 (2) ALD 225 (LB)

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