BharatTaxGST

Vemireddy Raja Ramesh Reddy vs. The State Of Telangana

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WP/4306/2024HC TelanganaGSTCNR HBHC01008136202420 February 2024Bench: P.SAM KOSHY,N.TUKARAMJI5 pages
For Petitioner: SRI M. JANARDHAN RAOFor Respondent: Gp FOR COMMERCIAL TAXES

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Cause title — parties, addresses and appearances
[ 337s 1 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE P. SAM KOSHY AND THE HONOURABLE SRI JUSTICE N. TUKARAMJI WRIT PETITION NO: 4306 OF 2024 Between: AND 1 Vemireddy Raja Ramesh Reddy, S/o.Venkata Subba Reddy Aged about 40 years, Occ: Business Rio.F-403, Aparna Cyber Life Nallagandla, Beside Citizen Hospital Lingampally, Ranga Reddy District. ,..PETITIONER 2 The State of Telangana, Rep. by its Principal Secretary Commercial Tax Department Secretariat, Hyderabad. The Chief Commissioner, GST, Government of Telangana Hyderabad. The Assistant Commissioner (ST), IMadhapur-1 Circle, l\rladhapur Division, Hyderabad. 3 ...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 prleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing the lmpugned Summons dt.-16.0'1 .2O24 utsec.70 of the GST Act without accepting the explanation through his representative and threatening to initiate coercive steps as illegal, arbitrary and u nconstitutional and consequently direct the 3rd respondent to accept the explanation and documents as required through the representative of the petitioner or in person by the petitioner without initiating any coercive steps. lA 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 to clirect the 3rd respondent not to initiate any coercive steps pursuant to the lmpugned Summons d1.16.01.2024 as against the petitioner by permitting him to submit the explanation along with the required documents, pending disposal of the above writ petition. Counsel for the Petitioner: SRI M. JANARDHAN RAO Counsel for the Respondents: Gp FOR COMMERCIAL TAXES

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE N.TT'I{ARAMJI WRIT PETITION No.43O6 OF 2o24 ORDER:(per Hon'ble Si Justice P.SAM KOSHY) The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: "...to issue an appropriate writ, order, or direction more particularly one in the nature of . writ of maldamus declaring the action of the 3'd respondent in issuing the Impugned Summons, dated 16.01.2024 under Section 70 of the G.S.T. Act without accepting the explalation through his representative and threatening to initiate coercive steps as illega-l arbitrary and unconstitutional ald consequently direct the 3'd respondent to accept the explanation and documents as required through the representative of the petitioner or in person by the petitioner without initiating any coercive steps artd to pass..."

2.

The present Writ Petition is filed only under the apprehension that in view of the summons that have been issued to the petitioner, if he appears before the authorities concerned, they might take coercive steps against him, including arrest.

3.

Learned counsel for the petitioner himself at the outset makes a submission that the petitioner is ready ald I /

il 2 PSK,J & NTR,J W.P.No.43O6 of 2O24 willing to appear before the authorities concerned and cooperate with the enquiry.

4.

Given the fact that the petitioner has given assurarrce that he is willing to appear before the authorities concerned and cooperate with them, we are of the considered opinion that nothing further remains for a direction to be issued in the instant writ petition. Subject to the petitioner entering appearance before the authorities concerned, the authorities are directed to take appropriate steps strictly in accordance with law.

5.

Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.

6.

Consequently, miscellaneous petitions pending, if any, sha1l stand closed. !::-. //// .N. RAJAGO AL ASSISTANT REGIST R SECTION O CER To, 1 2 One CC to SRI M JANARDHAN RAO, Advocate tOpUCl Two CCs to the GP FOR COMMERCTAL TAXES,'Hiqh Cburt for the State of Telangana at Hyderabad. [OUT] Two CD Copies J. BN BS V "\

HIGH COURT DATED:2010212024 ORDER llVP.No.4306 of 2024 DISMISSING THE WRIT PETITION WITHOUT COSTS rV\E STAIE' DEqf,A-f C 23 [Pn 2[24 c, L) /- c) -L A + * k "r-k

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