WP/24876/2009 of M/s. Kirby Building Systems India Ltd. Vs Asst. Commissioner (CT)LTU, on 10 February 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TENTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE P.SAM KOSHY

AND

THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA

WRIT PETITION NO: 24876 OF 2009

Between:

M/s. Kirby Building Systems lndia Ltd., Plot Nos.8 to 15, lDA, Phase-lll, Pashamylaram, Medak District - 5O2 3Ol Rep by N. Ajaya Babu, Company Secretary

...PETITIONER

AND

4.

...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 tc issue a writ, order or direction particularly one in the nature of a Writ of Certiorari quashing the stay rejection order in Appeal Nos. CV/75l2009-10 and CV17612009-10 dated 28-10-2009 passed by the Respondent No.2 and consequential demand notice Ref.No. CHM/TLU/2009 dated 03-11-2009 issued by the Respondent No.'l and the Provisional Assessment order Rc.VMU-|/CST/2009

for the period May'09 dated 05-8-2009 passed by the Respondent No. 1 as illegal, arbitrary and violative of Article 14 and Article 19 (1) (g) of the constitution of lndia and consequently restrain the respondents from taking any coercive steps for Asst. Commissioner (CT)LTU,, Charminagar Division, Hyderabad_

Appellate Deputy Commissioner (CT) Punjagutt Division, Hyderabad.

Commissioner of Commercial Taxes,, Hyderabad, Andhra Pradesh Government of Andhra Pradesh,, Through Principal Secretary to Government, Revenue Department, Hyderabad.

recovery of any amount consequent to notice or orders cl;t;ed by Respondent No.1 and 2

l.A. NO: 1 OF 2009(WPMP. NO: 32390 OF 2009)

Petition under Section 151 CPC praying that in the (ri. umstances stated in the affidavit filed in support of the petition, the High Court rr ay be pleased direct the respondents not to take any coercive steps for re,to ory of any amount consequent to the notice or orders passed by Respondent No I and 2.

l.A. NO: 2 OF 2009(WPMP. NO: 32391 0F 2009)

Petition under Section 15'l CPC praying that in the <;i r umstances stated in the affidavit filed in support of the petition, the High Court mz r l)e pleased stay the impugned order in Appeal Nos. CV175l20O9-1O and CVlt6l) )()9-10 dated 28-10- 2009 passed by the Respondent No. 2 and consequential d,: nand notice Ref.No.

CHM/TLU/2009 dated 03-1 1-2009 issued by the Respol l,rnt No.1 and the Provisionsal Assessment order Rc.VMU-l/csr/2009 for the eriod May'Og dated 05-8-2009 passed by the Respondent No. 1

Counsel for the Petitioner: M/S LAKSHMT KUMARAN & SRtt HARAN

Counsel forthe Respondent Nos.1 to : GP FOR COMMERCI \L TAX

Counsel forthe Respondent No.4: GP FOR REVENUE

The Court made the following: ORDER

-

IN THE HIGH COURT FOR THE STA'TIi OF TELANGANA

AT HYDERAI}AI)

THE HONOURABLI.- SRI.IT'STICE P.SAM KOSHY

ANI)

THE HONOURABLE SIII.IT STIC[, NARSING RAO

NANDIKONDA

W.P.No.24876 OF 2009

10.02.2026

Between

M/s Kirby Building Systenrs India Liniited, Plot Nos.8 to 15, IDA, Phase-ll[, Pashamylaranr, Medak District 501 307.

Petitioner

AND

Assistant Cotnrnissioner (Cl') t-TU,

Chairrninar Division,

Flyderabad and 3 othels

. . Respondents

ORDER, Qw llon bla Sri Jrrstice l' Sun Korh.v)

Learned counsel appearin-u fbl thc petitioncr subt.t.tits that the lnatter has since becomc infiucttrous

2.

Accordingly, thc rvrit pctition is dismissed as having become infructuous. l-hele shall be no older as to costs.

Conscquently, miscellaneous petitions pen<lir r. il-anr,, shall stand closcd //TRUE COPY//

SD'. ].C.SULEKHA DEVI

ASSI

NT REGISTRAR

de

TION OFFICER

,

To,

One CC to [\//s Lakshmi Kumaran & Sridharan, Advoca t : IOpUC]

Two CCs to the GP for Revenue, High Court for the State of Telangana, at HyderabadIOUT]

Two CCs to GP for Commercial Tax, High Court for the I t,rte of Telangana, at Hyderabad [OUT]

Two CD Copies

a

4.

TJ

S.'{41

HIGH COURT

PSK,J

&

NNR,J

DATED:1010212026

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