Cause title — parties, addresses and appearances
[ 3446 ]
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY ,THE SEVENTH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HONOURABLE SMT JUSTICE RENUKA YARA
WRIT PETITION NO
29450F 2024
Between:
AND
M/s. Ramu Hanumanthu, 1-38, Kamanchikal, Khammam, Telangana- 507003
CSftN-aOnOlpHO626B1Z2 Rep by its Proprietor Hanumanthu Ramu
...PETITIONER
1. The Joint Commissioner (ST). Warangal Division,-Warangal . ^
2. The Union of lndia, Rep. by its Secretary to Government, Department oI
Revenue, Ministry of Finance, New Delhi. -
3. bA; ;f i;rangifia, Rep. by its Principal Secretary to Government' Revenue
(CI-ll) Department, Seiretariat, Hyderabad
...RES'ONDENTS
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 kindly issue an appropriate writ, order or Direction more particularly in
the nature of IvIANDAMUS declaring the action of the 1st Respondent in passing
the impugned order vide Reference Number 2D3602220122731, dated 2.3.2024
as iltegal and violative of Articles 14, 1 I (1) (g) and 300A of the constitution and
further declare that the Notifications Nos.35/2020 central Tax dated 03.04-2020,
14t2021 Central Tax dated 0',I .05.2021 , 1312022 Central Tax dated 05.o7.2022'
9t2023 Cenlral Tax dated 31 .03.2023 and 56t2023 Central Tax dated 28.12.2023
as contrary to Section 1684 of the GST Acts. lt is also prayed to declare that the
limilation specified in Section 16 (4) of the GST Acts is only procedural in nature
and that section 16 (2) has overriding effect on section 16 (4) while claiming
eligible input laxl17 lhe respective monthly GSTR 38 return
IA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in sLrpport of the petition, the High court may be pleased to
order stay of collection of CGST of Rs 43,76'813, SGST of Rs'43,76'813' CGST
interest of Rs.38'07 827, SGST interest of Rs,38,07'827, CGST penalty of
Rs.4,37,681 and SGSI penalty of Rs.4,37,681
counset for the Petitioner: sRl. MUKTINUTALAPATI RAMACHANDRA MURTHY
Counsel for the Respondent Nos. 1&3: SRI P. SRI HAESHA AGP REP
SRI SWAROOP OORILLA,
SPECIAL GOVT PLEADER FOR STATE TAX
Counsel for the Respondent No.2: SRI GADI PRAVEEN KUMAR,
DY. SOLICITOR GENERAL OF INDIA
The Court made the following: ORDER
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENUI(A YARA IIRIT PETITION No. 12945 of 2o24 ORDER per the Hon'bte the Acting Chtef Justice Sujog paut): Sri M. Ramachaldra Murthy, learned counsel for the petitioner, seeks to withdraw this writ petition with liberty to the petitioner to avail appropriate remedy available under law. A letter, dated O3.O3.2O25, is also filed in the Registry to that effect. Prayer is allowed
3.Accordingly, the Writ Petition is dismissed as withdrawn with the liberty prayed for. No costs. Interlocutory applications, if any pending, shall also stand closed. 2 S MOHD. ISMAIL STANT REGISTRAR To, //// SECTION OFFTCER l One CC to SRI MUKTINUTALAPATI RAMACHANDRA MURTHY' Advocate ,. [oJJc%t to SPECIAL GoVER.NIIENT PLEADER' Hish Court for the state . S.-;$tfli'3$"lAt#JPH[]*u*o*, Dy solrcrroR GENERAL oF rNDlAloPUCl
HIGH COURT DATED:0710312025 ORDER WP.No.12945 ot 2024 DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS AV \3I{ 2,\ 13i{AH ?ffi o D * iCC /rT Ct ESP ( TA s E r r{ e- a t D
