Shri H Ravi vs. Union Of INDIA

WP/1949/2018HC KarnatakaGSTCNR KAHC01017637201805 October 2018Bench: B.V.NAGARATHNA2 pages
For Petitioner: SRI KIRAN S. SANGAM, ADVOCATEFor Respondent: SRI A. KRISHNA, CGC FOR R-1; SRI JEEVAN NEERALAGI, ADVOCATE FOR R-2 & R-3
AI SummaryDismissed

Held

The Court noted that the petitioner had filed a memo stating that the writ petition would not survive for further consideration as the respondent had considered the representation made by the petitioner. Based on this submission, the Court found the writ petition to have become infructuous. Therefore, the Court dismissed the writ petition as having become infructuous, without delving into the merits of the seizure or the petitioner's claims regarding the release of the vehicles. No specific finding was made on the legality of the seizure or the grounds for release, as the matter was disposed of on procedural grounds.

Facts

The petitioner, Shri H. Ravi, who operates a transport business, filed a writ petition seeking a direction to the Directorate General of GST Intelligence (DGGI) to consider his representation dated December 23, 2017, and a reminder letter dated January 5, 2018. The petitioner also sought the release of three trucks bearing registration numbers APO7-TB9819, AP07-TC1323, and AP07-TW7603. These vehicles were seized by the DGGI during an investigation conducted at Kolar on May 30, 2017. The respondents are the Union of India and officials from the DGGI.

Key Issues

1. Whether the Court should direct the respondents to consider the petitioner's representation and reminder letter concerning the seized vehicles. 2. Whether the Court should direct the release of the seized vehicles. The petitioner argued for a direction to the DGGI to consider his pending representations and to release the seized trucks. The respondents, represented by their counsel, did not explicitly present arguments on the merits of the case as recorded in the judgment. However, the subsequent development indicates that the respondents did consider the petitioner's representation.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05TH DAY OF OCTOBER, 2018

BEFORE

THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA

WRIT PETITION No.1949/2018 (GM-RES)

BETWEEN:

SHRI H. RAVI S/O. SHRI HANUMANTHAPPA, AGED: 35 YEARS, OCCUPATION: TRANSPORT BUSINESS, NO.H.732/2, PRIKRITHI NILAYA, OPPOSITE TO KEB, PENYA I STAGE, BANGALORE NORTH – 560 068. ... PETITIONER

(BY SRI KIRAN S. SANGAM, ADVOCATE)

AND:

1.

UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE,

NORTH BLOCK, RASHTRAPATI BHAWAN, DEFENCE HEAD QUARTERS, NEW DELHI – 110 001. 2. DIRECTORATE GENERAL OF GST INTELLIGENCE (HQ), REP. BY THE DIRECTOR GENERAL, WEST BLOCK–III, WING NO.6, 2ND FLOOR, R.K. PURAM, NEW DELHI – 110 006. 3. SENIOR INTELLIGENCE OFFICER, DIRECTORATE GENERAL OF GST INTELLIGENCE (HQ), WEST BLOCK–III, WING NO.6, 2ND FLOOR, K.R. PURAM, NEW DELHI – 110 066. ... RESPONDENTS

(BY SRI A. KRISHNA, CGC FOR R-1; SRI JEEVAN NEERALAGI, ADVOCATE FOR R-2 & R-3)

*****

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 AND R

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