Mohitt Jain vs. Commissioner Of GST - Telangana High Court, 02 April 2026

Cause title — parties, addresses and appearances

[ 3488 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE SECOND 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: 10826 oF 202s Between: Mohitt Jain, S/o. Sunil Jain Plot No.6't to 63, Prem . aoed about 34 vears, Occ Business, R/o 9-7-54' ' Nivas Sai Sagar Enclave, Near Mansarovar HeightsA/illas, Secunderabad - 500009 ...'ET'T'ONER AND l.CommissionerofGsT,secunderabadCGsTCommissionerate,RoomNo' 800,7th Floor, GST Bhavan, Hyderabad. ^ 2. 5;ili;i;a6nt or cenirat rix,hnti-Evasion secrion secunderabad CGST -' ilh;i;k;;;;;te, noom tto.otB, sth Ftoor, GST Bhavan, Hvderabad ...RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, direction or order more particularly one in the nature of Writ of Mandamus, A. declaring the high-handed, illegal, and arbitrary actions of the Respondents in effecting the arrest of Mr. Rupender Jain, the uncle of the Petitioner, purportedly in connection with C.No.GEXCOM/AE/INV/G ST 188412025-AE, as not in accordance with law, and are in violation of the provisions of the central Goods and Services Tax Act, 2017, and the judgment of Hon'ble Supreme court in Radhika Agarwal v. union of lndia, and consequently, set aside the arrest as being illegal and unsustainable in law B. declaring the continued detention and illegal custody of Mr. Rupender Jain by the Respondent authorities, despite the rejection of the remand application by the Hon'ble Special Judge for Economic Offences, Hyderabad, as wholly unsustainable, arbitrary, unconstitutional, and violative of the fundamental rights guaranteed underr Articles 14,21 and 22 of the Constitution of lndia' 1950 c. direct the Rer;pondents, consequently, as a matter of principle' to pay symbolic compensation o,, 1/_ (Rupee one onry) to Mr. Rupender Jain for the iilegar arrest and continued d:tention in violation of law and constitutional protections' lA NO: 1 OF 201P 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 to D|RECTtheRespondentstonottakeanycoercivestepsinconnectionwith c.No.GEXCOIV|/AE/lNV/GST/ 88412025- AE, pending disposal of the present writ Petition. Counselfor the Petitioner: SRI G'ASHOK REDDY counset for the n"=pona"nts: SRI DOMlNlc FERNANDES, SENIOR STANDING COUNSEL FOR CBIC

The Court made the following: ORDER

TN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR STNGH AND THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN WRIT PETITIO No.10826 of 2025 Datedz 02.04.2026 Befween: Mohitt Jain .. " Petitioner and Commissioner of GST, Secunderabad CGST Commissionerate, Room No.800,7ft Floor, GST Bhavan, Hyderabad, and another. ...Respondents ORDER: Learned counsel Sri G.Ashok Reddy appears for the petitioner. Sri Dominic Fernandes, learned Senior Standing Counsel for Central Board of Indirect Taxes and Customs, appears for the respondents

The writ petition has been preferred seeking the following relief: "For the reasons aforementioned, it is therefore, prayed that this Hon'ble Court may be pleased to issue a writ, direction or order more particularly one in the nature of Writ of Mandamus, A. declaring the high-handed, illegal. and arbitrary actions of the Respondents in effecting the ari"est of Mr. Rupender Jain, the uncle of the Petitioner, purportedly in connection with C.No.GEXCOM/AE/lNV/GST/884/2025-AE, as not in accordancc with law, aud are in violation of the provisions ) \

- 2 of thc Ccutral Goods and Scrvices Tax Act. 2017, aud the .judgernent of Horr'ble Suprenre Court h Rudhika Agat'w.al v. Union d India, and consequently, set aside the arest as being illegal and unsustainahle in law; B. declaring the continued detcntion and illcgal custody of Mr. Rupender Jairr by the F.espondcnt authorities, dcspite the rejcction of the rcrnand application by the l{on'ble Special Judge for llconornic Offences, Hyde::rbad, as wholly unsustainable, arbitrary, unconstitutional, and violative of the l'undarncntal rights guaranteed uuder Articles 14.21 and 22 ofthe Constitution oltndia. 1950; C. direct the llespondents, conscquently, as a matter of principle, to pay syrnbolic compensation of l/- (Rupee One only) to Mr. Rupcndcr Jain for the illegal anest and continucd detention in violation of law and constitutional protections; D. pass such other and further ordcrs as this I lon'ble Court may dccrn fit and proper in the interesl ofjustice and to sccure the ends of equiry, libcrry, and fair proccdurc." 3. f.earncd counscl lor the petitioncr seeks permission to rvithdraw the writ petition 4. l'he rvrit petition is accordingly dismissed as withdrawn. There shall be no order as to costs. Ivliscellaneous applications pending, ifany, shall stand closed. . AHMED ABDULLA KHAN ASSISTANT REG]STRAR //// SECTION OFFICER One C(l to SRI G.ASHOK REDDY, Advocdte [OPUC] One C(l to SRI DOMINIC FERNANDES, SENIOR STANDING COUNSEL FOR CB|C IoPUC] Two Cl) Copies 6 To 1 2 3 PSK. TKS \ct

HIGH COLIRT DATED:02t10412026 ORDER WP.No.10 26 of 2025 o s t R THE o (r; t 2 3 APn 2026 t * rcH ED DISMISS!NG THE WRIT PETITION HOUT COSTS ^.(.L ce\ tro* 6