Cause title — parties, addresses and appearances
[ 34461
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE FIRST DAY OF APRIL
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HONOURABLE SMT JUSTICE RENUKA YARA
WRIT PETITION NOS: 368b 7389 7418 7446 8592 8661 & 8666 0F 2025
W.P.NO: 3686 OF 2025
Petition under Article 226 oI 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, order, or direction more particularly one in the nature of a
Writ of Mandamus declaring
i)
That the Order in Form GST DRC-07 vide reference No'
2D3608241397903 dated 3O.OB-2024 passed by the Respondent No' 1
undertheprovisionsofCGsT/TGSTAcl,20lTasbeingvoid.arbitrary
andillegal,withoutjurisdiction,violationoftheprinciplesofnatural
justice apart from being violative of Articles 1a, 19(1Xg) and 265 of the
Constitution of India, and to consequently set aside the same and/or
Between:
M/s. Roni Bharath Gas, 1,84, Ellanda, Wardhnnapet, Warangal' Telangana-
5063'13 Represented by its Proprietor, Mr. Pasunoori Jalavani, Wlo.-Dayakar
Aged.53 ye'ars, R l o. I 0:1 3-343, Laxmipuram, Warangal, Telangana- 506002
...PETITIONER
AND
1. The Assistant commissioner of state Tax, Jangaon Circle, warangal Division,
2nd Floor S1 and 52. Suryapet Road, Jangaon, Warangal- 506 167'
Z. Stite of Telangana, ThroJgh Principlrl Secretary to Gov'ernment (Commercial
tax Departmen"t) Dr. B. R. Ahbed kai Telangana Secretariat' Hyderabad,
Telangana -500022
g. Union"oi tnaia, Ministry of Finance, Represented by its Secretary, North Block,
New Delhi-1 10 001
Centrat goarO of lndirect Taxes and Customs, GST Policy Wing, New Delhi
Rep by its commissioner
...RES'.NDENTS
4
iii)
pass such l'url.her or other order(s) as this Hon,ble Court rnay deem fit
and proper n lhe circumstances of the case.
The Show tlause notice vide Reference No. 2D3605240964337 dated
31 .05.2024 issued by the Respondent No. 1 under the crovisions of
CGST/TGS-| Act, 2017 as being void, arbitrary and ilt,:rgal, without
jurisdiction, vrolation of the principles of natural justice apa 1 from being
being violative of Articles 1a, 19(1Xg) and 265 of the C,:nstitution of
lndia, and tcl consequently set aside the same and/or pass such further
or other order(s) as this Hon'ble Court may deem fit and proper in the
circumstances of the case.
That the Notification No. 79 of 2O2O dated 15.10.2020 issued by the
Respondent No. 4 amending the Rule 142 (1A) of the Cerntral Goods
and Services Tax Rules, 2017 and corresponding G.O.Ms rrlo. 24, Rev.
(CT-ll) Dept., ,lt. 09-02-2021 issued by Respondent No. 2 amending
Rule 142(1A) of TGST Rules, 2017 as being without authoriry of law and
ultra vires to the section 73 of the central Goods and servir:es Tax Act,
2017 and violaiive of Articres 1a i9(i)(g) and 21 of the ccnstitution of
lndia as being without authority of law and ultra vires to the siection 73 of
the central Goods and services Tax Act, 2017 and viorativr-. of Articles
14, 19(1)(g) and 2'1 of the Constitution of lndia.
lA NO: 1 OF 2025
Petition under Section '15'l cpc praying that in the circumstancas stated in
the affidavit filed in suprport of the petition, the High court may be ple:rsed to stay
operation of impugned order in Form GST DRC-07 vide refr,rrence No.
2D3608241397903 dated 30.08.2024 issued by the Respondent No.1.
counsel for the Petitioner: SRr VENKATA pRAsAD.p FoR sRr MD.sHABAz
counsel for the Respondent Nos.1 & 2: sRr swARoop ooRrLLA, specrat oovt
Pleader for State Tax
Counsel for the Respondent No.3: SRI GADI PRAVEEN KUMAR, Dy.
SOLICITOR GENERAL OF INDIA
counsel for the Respondent No.4: sRr DoMrNrc FERNANDES, sc FoR cBrc
Between:
Mr. Venkata Sasidhar Atluri, S/o, Atluri Krishna, Aged about.53 yqaLs'.8/9
FIot O+, Ashok Manipuri, Kapra Road, Ecil post'. Med^9hal^,Malka1gln'
ilrirdjhr. soilooz FtJp'i.jto oi M/.. Abhi,rm !1iqrn1i9q9 R/9, P.f9! 1o--1-oe
51515136-146, Prasanti hagar, Kukatpally, Medchal, Malkalgiri' lelangana,
5ooo72'
"'PETlrloNER
AND
1. The Assistant Commissioner (ST), Hyder Nagar-lll' Hyderabad Rural
Hvderabad, Telanqana
2. Sirl; ;iiaianganS, Through Principal Secretary to Government Revenue
Department(C-ommercialTax), Hyderabad, Telangana
...RES'ONDENTS
w.P.NO: 7389 OF 2025
Petition under Article 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 a writ, order, or direction more particularly one in the nature of a
writ of Mandamus declaring that impugned order vide Ref No. 2D3602250029111
dated03.02.2025passedbythe,lstRespondentundertheprovisionsof
CGST/TGST Act, 2017 as being void, arbitrary, illegal, without jurisdiction,
violative of the principles of natural justice apart from being violative of Articles 14,
19(1Xg)and265oftheConstitutionoflndia,andtoconsequentlySetasidethe
same
lA NO: 1 OF 2025
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 stay
operationofOrdervideRefNo.ZD3602250029l1Tdated03.02.2025passedby
the Respondent No.
-1.
Counsel for the Petitioner: SRI VENKATA PRASAD'P FOR SRI MD'SHABAZ
Counsel for the Respondents: SRI SWAROOP OORILLA, Special Govt
Pleader for State Tax
w.P.Noi7418 0F 2025
Between:
g*$;gis,ffifl ss6a+,:r;**tr1i,;i*l:+L:t
AND
..PETITIONER
'1. The Assistant Com
, EHi'#,f,'f,H!#f ip]8ffi:lt''}
Khairatabad' Somaiiguda 2 punjagutta
''1{=ii#tt**il-if,#fi#,,,"-,-*,*#}1;:::*:."
Petition under Article 22A n+ +s^ n ...
"'RESPoNDENTS
circumstances stateo in
le 226 of the constitution
pleased to issue a wrjt, orr
affidavit
''"0 *",."*"
of lndia pra',ing that in the
writ of Mandamr. ,t".t"rin]" "' o'*",,".1";:';ill,rl;":"': ;:'#:::;
i.
That impugned O
:#:1 ?j [l#*:*1 ,l;:;1;,.,,:
'J ::] :H::, ;;
principtes or naturar ,,:;;:^'^:-:":
wnnout jurisdiction, ','iolatrve of the
l9(1xg) a,o 265
ral justice apart from beir
aside the r"n," rro,
the constitutio,
"r,ro,in
violative c:f {r1;61ss .r4,
court may o.., io
pass such
'n''"' ot o]n''
and to consequently set
prayed for.onoon,,'t
and proper
' "'" "'t''"'
order(s) as; this Hon'ble
ii. rhat impusned
-rs the derav based on,;J:::ff:r:t;,1""."'" ""
n*:ni:":.',:-""#'J::1"" " Form DRC-13 dated
irregal, withour ;rr,.,1
o'cGsr/TGST o"t' 'o'i
the Respo'rdent No 2
apar rrom ,,.,,, ;i:,ll:,fl:11fiiltr l;:[lj:ri
Constitution of India, and to consequentty set r.,r" ,n" ,rru
lA NO: 'f OF 2025
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
suspend impugned notice issued in Form DRC- 13 dated 12.06.2024 issued by the
Respondent No.1 to the Respondent No. 2.
IA NO: 2 OF 2025
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 stay
operation of Order vide Ref No. 2D361223070407J dated 30.12.2023 passed by
the Respondent No- 1 .
Counsel for the Petitioner: SRI VENKATA PRASAD.P FOR SRt MD.SHABAZ
Counsel for the Respondent Nos.1 & 3: SRI SWAROOP OORILLA, Special Govt
Pleader for State Tax
Counsel for the Respondent No.2: -
W.P.NO: 74/,6 OF 2025
Between:
Mr. Venkata Sasidhar Atluri, S/o, Atluri Krishna, Aqed about 53 years, R./o
Plot 64, Ashok Manipuri, Kapra Road. Ecil pdst, Medchal Matkajgiri,
]e]qgqna, 500062 Proprieto of M/s. Abhiram Enterprises R/o. plot no-i09
51515139-146, Prasanti nagar, Kukatpally, trledchal, Malkajgiri, Telangana,
500072.
AND
...PET|T|ONER
1. The Assistant Cbmmissioner State Tax, Hyder Nagar-lll, Hyderabad Rural
Hyderabad, Telangana
2. State of Telangana, Through Principal Secretary to Government Revenue
Department (Commercial Tax), Hyderabad, Telangana
...RESPONDENTS
Petition under Article 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 a writ, order, or direction more particularly one in the nature of a
Writ of Mandamus declaring that impugned Order vide Ref No. 2D360824089456S
dated 23.08.2024 passed by the 1st Respondent under the provisions of
CGST/TGST Act, 20'17 as being void, arbitrary, illegal, without jurisdiction,
violative of the principres of naturar justice apart from being viorativer of Articres 14,
t9(1xg) and 265 o1' the constitution of rndia, and to consequenfly set aside the
same.
lA NO: 1 OF 2025
Petition under .Section 151 cpc praying that in the circumstances stated in
the affidavit filed in s;upport of the petition, the High court may be preased to stay
operation of order vide Ref No. 2D36082408g456S dated 23.08.2t)24 passed by
the Respondent No.'
counsel for the petitioner: SRr vENKATA PRASAD.P FoR sRr MD.sHABAz
Counset for the Respondents: SRI SWAROOP OOCILLA, Special Cori -"-
Pleader for State Tax
W.P.NO:8 592 0F 2025
Between:
M/s. Radha Super Market reg. by its prop.Sri Rajeshwar prodatoori 6_3_
865/4/1 , tmperia'"touse, GieeriianO!, b"grripJi,'Hv?Jraora Te,tangana_16
AND
...PET|T|oNER
1. The State of Telanoana., rep. by the principal Secretary, Revenur., (CT)
^ Qepartmenr. Secre."tariat. UirO.iriiiO, i;6il;;;.
2 The Assistant commiJiibn6i(sD, F;;Jd;il5lr'cir"r", punjasu.a Division,
Hyderabad, Tel;rng;ana.
...RESPONDENTS
Petition under ,Article 226 of the Constitution of India praying; that in the
circumstances stated rn the affidavit fired therewith, the High court may be
pleased to issue a writ, or order or Direction particurarry one in the n,ture of writ
of Mandamus decraring the action of the 2nd respondent in issuing rhe undated
Attachment to show cause Notice in Form DRC 01 arong with Form csr DRC 01
dated 3'r.05.2024 without signatures either manualy, digita[y or erecrronicaly as
mandated under the GGST Act, 2017 and the Rures for the year 20.l g-20 and in
passing the impugned Attachment to GST Form DRC 07 dated 30.0g.2024
rmposing a tax of Rs.2,84,482t- with penarty arong with Summary of tne order in
Form GST DRC-07 dated 30.08.2024 a, are unsigned either manuary digitary or
electronicafly as indicated above as mandated under the CGST Act, 2( 17 and the
Rules for the year 2019-20 as being void, illegal, without jurisdiction, without
authority of law apart from violative of Articles 14 and 19 of the Constitution of
lndia and consequently set aside the same.
lA NO: 1 OF 2025
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 grant
stay of all further proceedings pursuant to issuing the undated Attachment to Show
Cause Notice in Form DRC 01 along with Form GST DRC 01 daled 31 .05.2024
without signatures either manually, digitally or electronically as mandated under
the CGST Acl, 2017 and the Rules for the year 2019-20 and in passing the
impugned (i) Attachment to GST Form DRC 07 dated 30.08.2024 imposing tax
with penalty amounting to Rs.2,84,482l- along with Summary of the Order in Form
GST DRC-07 dated 30.08.2024 without signatures either manually, digitally or
electronically as mandated under the CGST Act, 2017 and the Rules for the year
2019-20 passed by the 2nd respondent.
Counsel for the Petitioner: SRI K.LAXMA REDDY
Counsel for the Respondents: SRI SWAROOP OORILLA, Special Govt
Pleader for State Tax
W.P.NO: 8661 OF 2025
Between:
M/s Sri Nidhi Steels, V/6/109, Shutter no.3, Lakshma Reddy Palem, Pedda
Amberpeta, Hayathnagar, Rangareddy, Hyderabad Represented by its
Proprietor, Mr. Katta Ramaiahgari Sanjay, S/o Mr. K N V Ramaiah.
...PETITIONER
AND
'1. The Assistant Commissioner (ST), Saroor Nagar - lll Circle, 9th Floor, C
Block, Mayur kushal Complex, Abids, Hyderabad - 500 00'1 , Telangana.
2. State of Telangana, Represented by its Principal Secretary to Government,
Revenue (CT-ll) Department, Secretariat, Hyderabad.
3. The Branch Manager, lndian Bank, L.B. Nagar Branch, 5-5-496, Plot No. 76,
L. B. Nagar, Prashant Nagar, Vanasthalipuram - 500 070, Telangana
...RESPONDENTS
Petition under Articre 226 0t the constitution of rndia pra,y'ing that in the
crrcumstances stated in the affidavit fired therewith, the High court may be
pleased to issue a writ of Mandamus or any other appropriate writ, order or
Direction
lA NO:'t oF 2025
Petition under ,section i 5 r cpc praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may bi: pleased to
suspend the Notice.,ride GST DRC - 13, dated 12.03.2025, (not sr:rved on the
Petitioner), issued by the 1st Respondent to the 3rd Respondent, attaching the
bank account and fixed deposits of the petitioner, pending disposar :f the above
Writ Petition.
lA NO: 2 oF 2025
Petition under Section .151 CpC praying that in the circumstanc;es stated in
the affidavit fired in supp.rt of the petition, the High court may be preused to stay
all further proceedings, including any recovery, pursuant to order u/s 73 of the
Goods and Services Tax Act, 2017, Summary of the Order in Form G{:iT DRC_07,
A the summary of show cause notice in Form GST DRC-,1, anc Attachment to
Form GST DRC-,,, .Cated 3i.05.2024, issued by the 1st Responrlent, under the
provisions of the Terangana Goods and services Tax Act, 2017, for the tax period
2O1g - 20, as uploaclecl in the GST web portal,
B. the order u/s 73 ot the Goods and Services Tax Act, 20.17, S.rmmary of the
Order in Form GSI DRC-07, and Attachment to Form GST DRC:-07, all dated
16 08 2024, passed by the 1st Respondent, under the provisions of the Terangana
Goods and services f ax Act, 2017 , f or the tax period 2019 - 20, as uproaded in
the GST web portar c the Notice, vide GST DRC - 13, dated .12 03.2025, (not
served on the petitioner), issued by the 1st Respondent to the 3rci Respondent,
attaching the bank a,lcount and fixed deposits of the petitioner, are rssued without
any authority of raw. and are arbitrary, and urtra vires sec. 73(10r and section
1684 of centrar Goods and Services Tax Act, 2017 and rerangana Goods and
services Tax Act. 201-7 apart from being viorative of articres 1a, 19(1xg) and 265
of the Constitution of lnclia.
and Attachment to Form GST DRC-07, all dated 16.08.2024, passed by the 1st
Respondent, under the provisions of the Telangana Goods and Services Tax Act,
2017,1or the tax period 2019 - 20, passed under the provisions of Telangana
Goods and Services Tax Act, 2017, pending disposal of the above Writ Petition.
Counsel for the Petitioner: SRI SRINARAYAN TOSHNIWAL
Counsel for the Respondent Nos.1 & 2: SRI SWAROOP OORILLA, Special Govt
Pleader for State Tax
Counsel for the Respondent No.3: -
W.P.NO: 8666 OF 2025
Between:
M/s. Radha Super Market, rep. by its Prop.Sri Rajeshwar Prodatoori 6-3-
865/fu1 , lmperidl House, Greeriland's, Begumpet, Hyderabad, Telangana-16
...PETITIONER
AND
1
The State of Telangana, rep.by the Principal Secretary, Revenue (CT)
Department, Secretariat, Hyderabad, Telangana.-
_
Th6 Assistant Commission6r (ST), Punjagutta-2 Circle, Punjagutta Division,
Hyderabad' Telangana'
...RES'.NDENT'
2
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 to issue a writ, or order or Direction particularly one in the nature of writ
of Mandamus declaring the action of the 2nd respondent in issuing the undated
Attachment to Show Cause Notice in Form DRC 01 along with Form GST DRC 01
dated 3'lto|l2o24 without signatures either manually, digitally or electronically as
mandated under the CGST Act, 2017 and the Rules for the year 2018-19 and in
passing the impugned Attachment to GST Form DRC 07 dated 3010412024
imposing a tax of Rs.5,62,5841 with penalty along with Summary of the Order in
Form GST DRC-07 dated 30/04/2024 all are unsigned either manually, digitally or
electronically as indicated above as mandated under the GGST Act, 2017 and the
Rules for lhe year 2018-19 as being void, illegal, without jurisdiction, without
authority of law apart from violative of Articles 14 and 'l 9 of the constitution of
lndia and consequently set aside the same.
lA NO: 1 OF 2025
Petition under rsection r 51 cpc praying that in the circumsrances stated in
the affidavit filed in support of the petition, the High court may be g;,reased to grant
stay of all further proceedings pursuant to issuing the undated Attar:,hment to Show
cause Notice in F.r.n DRC 01 arong with Form GST DRC 01 dared 31t01t2024
without signatures erther manuafly, digitafiy or erectronicaly as r.andated under
the CGST Act, 201-.t and the Rules for the year 2,1g_1g and in passing the
impugned Attachmert to GST Form DRC 07 dated 3oto4r2o24 imrosing tax with
penalty amounting to frs.5,62,sg4l- arong with summary of the ordr,rr in Form GST
DRC-07 dated 30104t2024 without signatures either manuall,l, digitally or
electronically as mandated under the GGST Act, 2017 and the Rurr:s for the year
2018-19 passed by the 2nd respondent.
Counsel for the Petitioner: SRI K.LAXMA REDDY
Counsel for the Respondents: SRI SWAROOP OORILLA, Special tsovt
Pleader for State Tax
THE HON'BLE THE ACTING CHIEF.IUSTICE SUJOY PAUL AND THE HOIT'BLE SMT. JUSTICE RENUKA YARA trIRIT PETITION Nos.3686 ,7389,74La,7446. 8592,8661 & 8666 of 2025 COMMON ORDER (Per the Hon'ble the Acting Chief Justice Sujog Paul).. Sri Venkata Prasad P., learned counsel represents MD. Shabaz, learned counsel for the petitioner(s) in W.P.Nos.3686, 2389, 7418 & 7446 of 2025; Sri K. Laxma Reddy, learned counsel for the pctitioner(s) in W.P.Nos.8592 & 8666 of 2025; Sri Srinarayan Toshnirval, Iearned counsel for the petitioner(s) in W.P.No.8661 of 2025 and Sri Swaroop Oorilla, learned Special Government Pleader for Slate Tax, for the respondent(s)-State Tax.
- 2 shall also starLrl revoked. Liberty is reserved to thc re:,pondents to issue fresh shcrv cause notice(s)/ order(s) in accordance v'ith raw and, for undertaki,6l this exercise afresh, the limitation will no be a hurdle for the respondents. The rtr/rit Petitions are disposed of without ex;,ressing any opinion on tht: -nerits of the case. No cosls Interl( cutory applications, it any pending, shal also stand closed FEDDY ISTRAR //// SECTION OFFICER 'I . The Assistant Commissioner (ST), Saroor Nagar - lll Circle, 9tt' Floor, C Block, l\/ayur kushal Complex, Abids, Hyderabad - 500 001, Telangana.
HIGH COURT DATED:01 10412025 COMMON ORDER WP. Nos.3686,7389,7 418,7 446,8592,8661 & 8666 of 2025 1tl E S T/1 rt Joo 01 rilrY zl25 a j .rt t t Espat (,v\t9 = o DISPOSING OF THE WRIT PETITTONS WITHOUT COSTS 4 \^