M/S. Sushee Infra And Mining Limited vs. The Commissioner Of GST And 2 Others - Telangana High Court, 19 June 2023

Cause title — parties, addresses and appearances

[ 3311 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAYOFJUNE TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION NO: 582 OF 2023 Between: M/s. Sushee lnfra and Mining Limited, Bl2l293l82l1l246lal2, Plot No.246lA12, MLA Colony, Road No.12, Banjara Hills, Hyderabad-500034 Represented by its Executive Director A. Jaipal Reddy ...PETITIONER AND 1 The Commissioner of GST, State of Telangana, C.T Complex, Nampally, Hyderabad-500 001 Joint Commissioner (ST), Begumpet Division, D.No. 6-3-789, Pavani Prestige, 6th Floor, Opp. Chermas, Ameerpet, Hyderabad-S00 016 3. Deputy Commissioner (ST) STU-1 , Begumpet Division,Hyderabad ...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 Writ of Mandamus directing the Respondents to return the electronic goods seized, detailed at para-A of Form INS-02 dated 14-11-2022 drawn by the 3rd Respondent 2 lA NO: 'l OF 2023 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to allow the Petitioner to make copies of data contained in the erectronic goods seized, following the provisrons of Telangana State GST Act. Sub-Section (5) of Section 67 of the Counsel for the petitioner: SRl. G. VIDHYADHAR REDDY Counsel for the Respondents: SRt. K. BHASKAR REDDY FOR Gp FOR COMMERCIAL TAX

The Court made the following: ORDER I l I

\ THE HON'BLE THE CHIEF IUSTICE UIIAL BH AN AND THE HON'BLE SRI IUSTIC EN.TUKARAMII W.P.No 582 ot 2023 ORDER. y'',l.1r, l rot l:h rlte {'hie/'lu.tre U-1ja/ Bhulan) Hcard Mr. G.Vidyadhar Rcddy, learned counsel for thc petitioner and Mr. I(.Bhaskar Reddy, learned Assistant Government Plcader for (.ommcrcial 'fax

On 09.01.2023, the followrng order was passed: Gricvance expressed by the petitioner is that all its books of accounts, documents, electronic goods rfz:, were seized on 14.11,.2022 and those are under the custody of respondent No.3; the books of accounts aod other documents are required fot 6ling GST returns as well as to caliculate thc CSl' tiability of the pct-iuoner; in the abscnce thereof, pctitioner is unable to file the GST returns which may have adverse consequences upbn the petitioner; though the petitionet had submrtted representations befote rcspondents No.1 and 2 for rer.ttn o[ the documents, those have not yet been rctwned. Learned Standrng Counsel shall obtarn instn-rctions from respondent No.3 regarding the grievaoce of the peurioner. t I \

2 3. 'foday, lcarnecl connsel firr thc par cs halt: inlrrrmed thc

In that vicw of rlrc matcr, no live issuc sun ives fcrr Coutt that the clcctronic g(,.)(ls ,/.., scizcd bv thc rcspondents har.c sincc been rcturned t() (hc fctiu()11er adjudrcauon

Writ l)etition is accordrngh' disposed oI as infructuous. No cos ts. As a seqLrcl, misccllancr,ns pctitions. pending if anv, stand closed \. To, .V.KAVITHA ASSISTA,'[I REGISTRAR //rRUE coPY/' ,eti{8* .FFI.ER One CC to Sri. G. Vidhyadhar Reddv, Advocatg [O|.UC]- i;; cciio-cplorcommerciat Tax, High court fbr the State of Telangana. IOUTI Two CD Copies 1 2 3 TJ GJP

I I HIGH COURT DATED:1910612023 ORDER WP.No.582 of 2023 DISPOSING OF THE WRIT PETITION AS INFRUCTUOS. WITHOUT COSTS. "J i ti(- Sll I JUlt )i- ) '? 'l (,, \ .<. '. c. \i.1, ')J 2fi0 -)t ' ut t /1.u\il\b