M/S. The President Water User Association vs. State Of Andhra Pradesh

APHC010036122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 12605/2026 Between: 1. M/S. THE PRESIDENT WATER USER ASSOCIATION, NO.52, PEDDAYAMMANUR, WORKS CONTACTOR GST - 37AAQFT6219E1ZV REP. BY ITS PROPRIETOR, SRI G.VENKATESWARA REDDY 3-54, MAIN ROAD PEDDAYAMMANURVILLAGE, UYYALAWADA MANDAL, KURNOOL - 518155 ANDHRA PRADESH ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE (CT) DEPARTMENT, AP SECRETARIAT, VELAGAPUDI -522503, AMARAVATHI, GUNTUR DISTRICT, A.P 2. UNION OF INDIA, REP. BY ITS SECRETARY MINISTRY OF FINANCE, 4TH FLOOR, A-WING, SHASTRI BHAVAN, NEW DELHI - 110001. 3. THE CHIEF COMMISSIONER OF STATE TAXES, VIJAYA ELITE, KUNCHANAPALLE SERVICE ROAD, D.NO. 12-468/4, ADJACENT TO NH-16 VIJAYA ELITE, KUNCHANAPALLE SERVICE ROAD, KUNCHANAPALLI-522501,GUNTUR DISTRICT ANDHRA PRADESH. 4. THE ASSISTANT COMMISSIONER ST, NANDYAL-LL CIRCLE, D.N0.25/3A AND 3B, MSR COMPLEX, OPP APSRTC BUS STAND, NANDYAL -518501 KUNROOL (NANDYAL) DISTRICT, ANDHRA 2 RRR,J & TCDS,J W.P.No.12605 of 2026 PRADESH. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, M.L WORKS DIVISION, NANDYAL, KURNOOL-518004, ANDHRA PRADESH ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue an appropriate writ order or direction particularly in the nature of Writ of MANDAMUS (a) declaring the action of the 1st Respondent in passing the assessment order dated 14.12.2023 for the period 2022-23 without affixing document identification number and signature on the summary of assessment order as required under and not serving the show cause notice under Section 169 of the CGST Act, and also not signing and not affixing the document identification number on the show cause notice dated 31.8.2023, as illegal, arbitrary, contrary to law and in gross violation of principles of natural justice. (b) declaring the action on the part of the 4tm Respondent dated 14.12.2023 for the tax period 2022-2023 under CGST /APGST Acts 2017 levying higher rate of tax @ 18percent without any basis or foundation in contrast to the tax @ 5percent as granted by the Government Andhra Pradesh for Neeru Chettu Programme as well as the consequential levy of interest as also penalty without considering the payments already made @ 5percent as illegal, arbitrary, improper, unfair, capricious , without authority of law and without jurisdiction and violating articles 14, 19(1)(g), 21 and 265 and 300-A of Constitution of India or (c) to direct the 5th Respondent to pay the balance of tax, penalty and interest and consequently to set aside the same and pass such IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to condone the delay of 83 days re representing the WPSR No.2923/2026 in the interest of justice, and pass such other order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, as otherwise the Petitioner will be put to severe loss and hardship IA NO: 2 OF 2026 3 RRR,J & TCDS,J W.P.No.12605 of 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to stay the collection of differential tax @ 13% as well as the corresponding interest and penalty pursuant to the impugned order dated 14.12.2023 for the period 2022-23 under the Goods and Service Tax Act, 2017, pending disposal of the writ petition and pass such Counsel for the Petitioner: 1. SRINIVASA RAO KUDUPUDI Counsel for the Respondent(S): 1. GP FOR COMMERCIAL TAX 2. GP FOR FINANCE PLANNING 4 RRR,J & TCDS,J W.P.No.12605 of 2026 The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) This Writ Petition arises out of facts similar to the facts in W.P.No.42350 of 2018 and batch, which had been disposed of by a Division Bench of this Court, dated 17.09.2024. In the circumstances, this Writ Petition is disposed of with the following directions: 1. The respective departments are directed to ascertain and release the G.S.T amount payable to the petitioner on account of the contracts executed by him, on or before 15.06.2026. 2. The said exercise should be completed within a period of four