Chirag Sharma vs. Union Of INDIA
Facts
The petitioner, Chirag Sharma, filed a writ petition before the Telangana High Court challenging the freezing of his bank account (Account No 5010070317950, HDFC Bank, Vikas Puri Branch, New Delhi). The petitioner alleged that the freezing was done at the instance of GST authorities and sought an order to unfreeze the account. The respondents included the Union of India, the Chief Commissioner of GST and Customs (Respondent No. 2), and HDFC Bank. The petitioner sought a declaration that the action of Respondent No. 2 in freezing his account was illegal, arbitrary, without jurisdiction, and violative of natural justice and constitutional rights. An interlocutory application was also filed seeking a direction to HDFC Bank to unfreeze the account.
Held
The Court noted that the petitioner's counsel submitted that in view of the statement made by the learned Senior Standing Counsel for CBIC, the writ petition could be closed. The learned Senior Standing Counsel for CBIC, representing Respondent No. 2, had candidly submitted that Respondent No. 2 had not issued any direction to the bank for freezing the petitioner's bank account. Consequently, the Court found no basis to proceed further with the writ petition as filed, as the authority directly implicated in the alleged action denied issuing any such direction. The Court closed the writ petition without costs.
Key Issues
1. Whether the action of Respondent No. 2 (Chief Commissioner of GST and Customs) in freezing the petitioner's bank account is illegal, arbitrary, without jurisdiction, contrary to law, and violative of principles of natural justice and the petitioner's constitutional rights under Articles 14 and 289(1) of the Constitution of India? Petitioner's Contention: The petitioner argued that his bank account was frozen at the direction of GST authorities, making the action illegal and arbitrary. He sought the unfreezing of his account. Respondent No. 2's Contention: The learned Senior Standing Counsel for CBIC, after obtaining instructions from Respondent No. 2, candidly submitted that Respondent No. 2 had not issued any direction to the bank for freezing the petitioner's bank account.
AI-generated summary — verify with the full judgment below
I i i t I l I : I I [ 3446 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) THUR AY, THE TENTH 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 NO:4245 OF 2025 Between: Chirag Sharma, S/o Prem Kumar Sharma, Aged 34 years, R/o Flat No.571 , 7th floor, Block-S, Anand Kunj Apartments, New Delhi. .....PETITIONER AND 1. Union Of lndia, Department of Revenue, Ministry of Finance, New Delhi.
The Chief Commissioner of GST and Customs, GST Bhavan LB Stadium, Basheerbagh, Hyderabad.
M/s HDFC Bank, Vikas Puri Branch, New Delhi.
M/s HDFC Bank, Sandoz house, Shiv Sagar Estate, Worli, t\i1umbai. .....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 pass an order or orders or writ or more particularly one in the nature of a writ of mandamus declaring the action of the respondent no.2 in freezing his Bank account i.e Account No 5010070317950, HDFC Bank, Vikas Puri Branch, New Delhi, as illegal, arbitrary, without juri i
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