Sri Kalyani Granites vs. The State Of Andhra Pradesh

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WP/3373/2024HC Andhra PradeshGSTCNR APHC01005908202420 January 2026Bench: R RAGHUNANDAN RAO,T.C.D.SEKHAR4 pages
For Petitioner: P NAGENDRA REDDYFor Respondent: GP FOR COMMERCIAL TAX

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Cause title — parties, addresses and appearances
APHC010059082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 3373/2024 Between: 1. SRI KALYANI GRANITES, S NO 102 INDUSTRIAL ESTATE, KURNOOL ROAD, ONGOLE 523001 REPRESENTED BY ITS PROPRIETOR KISHORE PALLAPOLU ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE CT DEPARTMENT SECRETARIAT BUILDINGS AMARAVATHIGUNTUR DISTRICT. 2. THE ADDITIONAL COMMISSIONER APPEALS, 19-10-100-3A, NEW INDIRA NAGAR ,BESIDES SGS ARTS COLLEGE ROAD, TIRUPATI- 517501. 3. THE ASSISTANT COMMISSIONER ST ONGOLE, , PRAKASHAM DIST 4. THE CHIEF COMMISSIONER, STATE TAXES, D NO 12468 ADJACENT TO NH16 SERVICE ROAD KUNCHANAPALLY, GUNTUR DISTRICT 522501. ...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 order or direction more particularly one 2 RRR, J & TCDS, J W.P.No.3373 of 2024 in the nature of Writ of Mandamus declaring the Appeal Orders No.ZD370124023143Z Dt.31.01.2024 passed by 2nd respondent confirming the cancellation of registration dated 1-06- 2023 by in form GST REG23 issued by the 3rd respondent under the Goods and Services Tax Act 2017 which is illegal ,arbitrary, and violative of Articles 14,19,21 and 300A g of the Constitution of India and direct the respondents to restore the status of tax regime and to pass such IA NO: 1 OF 2024 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 suspend the Appeal Orders No.ZD370124023143Z Dt.31.01.2024 passed by 2nd respondent confirming the cancellation of registration dated 1-06- 2023 by in form GST REG23 issued by the 3rd respondent under the Goods and Services Tax Act 2017pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR COMMERCIAL TAX 3 RRR, J & TCDS, J W.P.No.3373 of 2024

The Court made the following Order:

The petitioner had registered under the Goods and Services Tax Act, 2017. However, his registration was cancelled, by an order, dated 09.06.2023. Aggrieved by such order of cancellation of registration, the petitioner filed an appeal, which also came to be dismissed on 31.01.2024. The petitioner, being aggrieved by these orders of cancellation as well as the appellate orders, has approached this Court, by way of the present Writ Petition.

2.

In view of the fact that the petitioner can file an application for fresh registration, it would be appropriate to dispose of this Writ Petition, leaving it open to the petitioner to apply for fresh registration. Upon such application being made, the respondents shall consider the application in accordance with law and pass necessary orders within a period of four (04) weeks from the date of application.

3.

Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed.

________________________ R. RAGHUNANDAN RAO, J

________________ T.C.D. SEKHAR, J

Date: 21.01.2026 MJA

4 RRR, J & TCDS, J W.P.No.3373 of 2024

163

THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO

AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR

WRIT PETITION NO: 3373/2024 (per Hon’ble Sri Justice R. Raghunandan Rao)

21.01.

2026

MJA

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