Smt. Devabhaktuni Vijaya Lakshmi vs. Assessing Officer

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WP/11370/2026HC TelanganaGSTCNR HBHC01015204202616 April 2026Bench: APARESH KUMAR SINGH,G.M. MOHIUDDIN5 pages
For Petitioner: SRI K.B.NARSIMHULU REPRESENTING SRI, GOLAMARU VENKATA REDDYFor Respondent: SRI MAHESH RAJE, GP FOR HOME

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Cause title — parties, addresses and appearances
[ 34881 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HONOURABLE SRI JUSTICE G.M. MOHIUDDIN WRIT PETITION NO: 11370 OF 2026 Between: Smt. Devabhaktuni Viiaya Lakshmi, W/o Manam Brahmaiah, Aged about 43 years, Occ. lT Professional, R/o Flat No 502, Green leaves Apartments, Vasantha valley, Kondapur, Telangana. ...PETITIONER AND 1. Assessing Officer, CGST Division, Ajmer. 2. Commissioner, CGST, Ajmer Commissionerate. Central goods and services tax division-J, Ajmeer, kendriya rajaswa bhavan, opp to sessions court, jaipur road, Ajmeer-305001 3. Station House Officer (SHO), Cyber Crime Police Station, Cyberabad. 4. The State of Telangana, Rep by its Principal Secretary Revenue CT Department Hyderabad 5. Union of lndia, Rep by its Secretary, Dept of Revenue, Ministry of Finance, GOt. ...RESPONDENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, particularly a Writ of Certiorari-cum- Mandamus, calling for the entire records pertaining lo the Order-in-Original dated 1A.09.2024 passed by Respondents 1 and 2 and quash the same as being illegal, arbitrary, without jurisdiction and violative of the principles of natural iustice and Articles 14 and 21 of the Constitution of lndia. lt is further prayed that this Honble i J*-.i.i,: Court may declare that fastening tax liability upon the Petitioner, without any material establishing her involvement, participation, control or benefit in the alleged transactions, is unconstitutional and unsustainable in law. lt is further prayed that this Hon'ble Court may direct coordination between Respondents 1 to 3 the Telangana Cyber Crime Police and CGST authorities to identify and prosecute the actual perpetrators and restrain Respondents 1 and 2 from initiating or continuing any coercive recovery, attachment, prosecution or penal action against the Petitioner pending completion of investigatron. l.A. NO: 3 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay of all proceedings, as Respondent Nos. 1 to 2 not to initiate or proceed with any coercive, recovery, attachment or enforcement proceedings against the Petitioner, along with such other order or orders as this Honble Court may deem fit and proper in the interests of justice, thereby causing grave prejudice and hardship to the petitioner. l.A. NO: 2OF 2026 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct Respondent No.3 to conduct a fair, impartial and time-bound investigation in FIR No.738512024 dated 16.10.2024, including tracing of GST portal access logs, lp addresses, telecom KYC details and banking trail, and to submit status reports before this Hon'ble Court. Counsel for the Petitioner : SRI K.B.NARSIMHULU REPRESENTING SRI GOLAMARU VENKATA REDDY Counsel forthe Respondents No.1&2: Sri D.Raghavendra Rao, . (sR.sc FoR cBtc) Counsel for the Respondent No.3 : SRI MAHESH RAJE, GP FOR HOME Counsel for the Respondent No.4 : GP FOR COMMERCIAL TAX counser for the Respondent No'5 '3xl:ii"?.|it:flxt?i"0,,

The Court made the following: ORDER

ffi/*/ ,/ ,/ I! IN THE HIGH COURT FOR THE S'TATE OF TELANGANA AT HYDERABAD THE HON'BLE THE CHIEFJUSTICE SRI APARESH KUMAR SINGH AND THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN Writ Petition No.ll370 of 2026 Dated: 16.04.2026 Between: Smt. Devabhaktuni Vr.laya Lakshrni ... Petitioner and Assessing Officer, CCST Division, Ajmer and 4 othcrs Respondents ORDER Sri K.B. Narasimhulu, learned counsel rcpresents Sri G. Venkata Reddy, learned counscl lbr the pctitioner Sri D. Raghavendar Rao. learned St:nior Standing Counsel fbr Central Goods and Services -l'ax appears lirr respondcnt Nos. I and 2 Sri Mahesh Raje, learned Govemment Pleader for Home appears lor respondent No.3

2.

This writ petition is filed rvith the lirllowing relief: "For the aforesaid facts and circumstances, it is most rcspectfully prayed that this Hon'ble Court may be pleased to issue arr appropriate writ, order or direction, particularly a Writ of Ccrtiorali-cum-Mandamus calling for the entire records pertaining to the Ordcr- in -Origina I dated ]|8.09.2024 passed by Respondcnts I and 2 and quash the sarne as being illegal, arbitrary', withoul juri iction and violatire ol'the principles of natural justice and Articlcs l4 and 2l of the Constitution ol lndia. ltis flurther prayed tlrat this l{on'ble Court may declare that lastening tax liability t L

2 upon the l,elitioncr. \\irhout an) materral establishing her involvement, participation. control or benefit in the allegeJ transactions, ts unconstitutional and unsustainable in law. It is further prayed that this Hon ble Coun rnal direct coordination betu,een Respondenis I to I the Telangana C_rbcr ( rrrnc Police and CGSI- authorities to identify and prosccute rhe actLral perpctrators and restrain Respondents I and 2 from irr it ral i g cr corrt rrru ing arry r()crc i\ e rccoven . dnachment. prosecution or penal action agarnst the petitioner pending completion oi investigation and pass such other order or orders as this Hon,ble Court may deern fit and proper in thc intcrests of.iUStrce.' To,

3.

Apparentll, thc relieI pra).ed lor is against the order-in_original. datcd 18.09.202-l irnposing tax liability on rhe peritioner and consequential proccedings lor realization ol thc same by ad.yudicating authorities under the Ccntral (ioods anrl Scrr.iccs 't ax. t)ivision-J. A.imer. No part ol cause of action ariscs \vithin the juri iction of this Court. Thercfore. aftcr sorne argumcnts. lcarned counsel for the petitioncr seeks permission to rvithdraw this rvrit petition in order to approach thc appropriate authority or Court ol law havine.juri iction o\ cr the sub-iect rnattcr.

4.

Accordingly, thc writ perition IS dismissed as rvithdrarvn. The pctrtroner mav have thc libertl as permissible in law //// . L.VIJAYA LAXMI ASSISTANT REGISTRAR , \..J- \_-./ SECTION OFFICER

1.

One CC to SRI GOLAMARU VENKATA REDDY, Advocate, [OPUC]

2.

One CC to SRI D.RAGHAVENDRA RAO, (SR SC FOR CBIC) [OPUCI

3.

Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

4.

Two CCs to GP FOR COMMERCIAL TAX, High Court for the State of Telangana at Hyderabad. [OUTI

5.

One CC to SRI N.BHUJANGA RAO, Deputy Solicitor General of lndia' High Court for the State of Telangana at Hyderabad. IOPUC]

6.

Two CD Copies. BSK zsk 1,r rKS .il I

HIGH COURT DATED: 1610412026 ORDER WP.No.11370 of 2026 o (.r Te DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS fl Tf{€ s,4 rrlHrt * .ih -r\\ 07 I,IATW * { o ( I-i '.V f' i I \ o t f i I I 1

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.