Ginukula Venkata Chalapathi vs. Exide Battery LTD,(Exide Industries Liminted)

WP/18500/2021HC TelanganaGSTCNR HBHC01028531202110 August 2021Bench: ABHINAND KUMAR SHAVILI3 pages

For Petitioner: M/s. BAIRY AMULYAFor Respondent: ', CounselfortheRespondentNo'2:SRINAMAVARAPURAJESHWARRAO', ASST. SOLICITOR GENERAL

AI SummaryDismissed

Facts

The petitioner, Ginukula Venkata Chalapathi, sought a writ of mandamus directing the respondents to consider his representations dated 29.09.2020 and 18.12.2020. These representations pertained to updating the GST registration number 36AOLPG5021Q2ZL of Sai Srinivasa Battery Centre, a dealership of Exide Batteries Limited (SAP Code 45683). The petitioner also sought a stay on further proceedings, including the issuance of new dealerships for Sai Srinivasa Battery Centre. The respondents were the Union of India, Ministry of Corporate Affairs, New Delhi, and Exide Battery Ltd. The petition was filed under Article 226 of the Constitution of India.

Held

The Court considered the submissions made by the counsel for the petitioner. The counsel sought permission to withdraw the writ petition with liberty to file a fresh petition. In view of this submission, the Court dismissed the writ petition as withdrawn. The Court granted liberty to the petitioner to file a writ petition afresh. No order as to costs was made. Any pending miscellaneous petitions were also closed. The specific issues raised by the petitioner regarding the inaction of the respondents and the entitlement to a direction were not decided on merits due to the withdrawal of the petition.

Key Issues

1. Whether the inaction of the respondents in not considering the petitioner's representations dated 29.09.2020 and 18.12.2020 to update the GST registration number of Sai Srinivasa Battery Centre is illegal, arbitrary, and a violation of the principles of natural justice? (Question of law and fact) 2. Whether the petitioner is entitled to a direction to the respondents to consider his representations and update the GST registration number? (Question of law) The petitioner argued that the respondents' failure to act on his representations was illegal and arbitrary. He contended that this inaction violated the principles of natural justice. The petitioner sought a mandamus to compel the respondents to consider his representations and update the GST registration. The judgment does not record specific arguments from the respondents.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD . (Special Original Jurisdiction) TUESDAY .THE TENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 18500 OF 2021 Between: AND Ginukula Venkata Chalapathi, S/o. Bixapathi, Aged about 50 years, Occ, Business, Olo.3-1-17, Opp,LlC Office, Main Road, Bhongir, Yadhadri-Bhongiri District ...PETrroNER lA NO: 1 OF 2021 EXIDE BATTERY LTD,(Exide lndustries Liminted), Represented by it'lRegional Sales Manaqer-Hvderabad Zone, Office,Door No.6-3-1218/6/2E(old)' 79(new), Uma Nagar,kund'an Bagh, Begum pet Hyderabad-5-000 1 6 The Unidn of lndia, MiniStry Coiporate Affairs New Delhi, lndia ...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 toto issue writ more particularly one in the nature of a writ of mandamus, declaring the in inaction of respondent in not considering the petitioner representations dated 2glogl2o2o and 1B-Dec-2020 to up-date the GST Registration No 36AOLPG5O21 QZZL of . Sai srinivasa Battery centre Bhongir town of Exide Batteries Limited dealership SAP Code 45683 is illegal arbitrary violation of principles of natural justice consequently direct the respondents to consider the petitioner representations dated 2glOgt2O2O and 18-Dec-2020 by updating the GST h.gi.ttrtion'l,Jo. 3640LpG5021Q2ZL of Sai Srinivasa Battery Centre Bhongir town of Exide Batteries Limited dealership SAP Code 45683 in the interest of justice 2 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 all further proceeding including issuance or new dealership in Bhongir Town and nitting and iunctions 6r Sai Srin'lvasa Battery Centre Bhongir town of Exide Batteries Limited dealership SAP Code 45683 the interest of justice' Counsel for the Petitioner : M/s. BAIRY AMULYA Counsel for the Respondent No.1: ----' CounselfortheRespondentNo'2:SRINAMAVARAPURAJESHWARRAO' ASST. SOLICITOR GENERAL

To, llil_ IIO\()1 ttAt]LI SI{t JL S'ilCL .{BHt\.\\D KL }1.-\ti SHAVtt.l \\'l{11 PI:'l I't lO\ \ o.lu500 ()F 202 I olil)t_t{ Coutrscl lirl tlre petit.iolrer se!.ks perurissior.r to l ithtjt.al the rtrit petition rvith a libelry ro rhe peririoner to lile a.,r.rit petition al'r.esh. In view of the aforesaid submissions, the v/rit petition is dismissed as withdrawn giving liberty to the petitiont:r to file a writ petition afresh. No order as to costs. Pending rniscellaneous petitions, if any, shall stand closed .B.SATYAVATHI ASSISTANT REGISTRAR //// \---- SECTION OFFICER

One CC to lr//s. Bairy Amulya, Advocate [OPUC]

One CC to Sri Namavapu Rajeshwar Rao, Asst. Solicitor C,eneral, Advocate loPUCl

Two CD Copies

One Spare Copy a,\t, ---

HIGH COURT DATE D: 'l 0/08/2021 ORDER WP.No.18500 of 2021 DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS gE S IAr(' :.6 D.Tf* ( a oo 0 6 SEP202I * fra ,it I

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.