R.Uthirakumar vs. The State Of Andhra Pradesh

WP/3742/2024HC Andhra PradeshGSTCNR APHC01005942202419 March 2024Bench: RAVI NATH TILHARI,HARINATH.N2 pages
For Petitioner: GUNDAPU RAJESH KUMARFor Respondent: GP FOR COMMERCIAL TAX (AP)
AI SummaryWithdrawn

Held

The Court noted the submission of the petitioner's counsel that the petitioner intended to avail the alternative remedy available under the statute. In light of this, the Court recorded that the petitioner did not wish to further pursue the writ petition. Consequently, the Court dismissed the writ petition as withdrawn, granting the petitioner liberty to approach the appropriate forum under the statute in accordance with law. No decision was made on the merits of the seizure of the lorry.

Facts

The petitioner, R.uthirakumar, filed a writ petition before the High Court of Andhra Pradesh challenging the seizure of his lorry by respondents 2 and 3 on December 1, 2023. The petitioner sought a direction for the release of the seized lorry. During the proceedings, the petitioner's counsel informed the Court that the petitioner wished to avail the alternative remedy available under the statute and therefore did not wish to pursue the writ petition further.

Key Issues

1. Whether the petitioner is entitled to pursue an alternative remedy under the statute instead of continuing with the writ petition concerning the seizure of his lorry. The petitioner argued that he wished to avail the alternative remedy available under the statute. The respondents' arguments are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

APHC010059422024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3464] WEDNESDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3742/2024 Between: R.uthirakumar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:

1.

GUNDAPU RAJESH KUMAR Counsel for the Respondent(S):

1.

GP FOR COMMERCIAL TAX (AP) The Court made the following:

This petition was filed being aggrieved from the action of the respondent Nos.2 and 3 in seizing the lorry of the petitioner on 01.12.2023 as well as for direction to the respondents to release the lorry.

2.

Sri Gundapu Rajesh Kumar, learned counsel for the petitioner today submits that the petitioner wants to avail the alternative remedy as may be available to the petitioner under the statute and in view thereof, the petitioner does not want to further pursue the petition, which may be dismissed as withdrawn with liberty to approach under the statute.

3.

Recording the same, the writ petition is dismissed as withdraw

The judgment continues below.

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