V.Ramesh Yadav vs. Telangan State Road Transport Corporation
Facts
The petitioner, V. Ramesh Yadav, a licence holder of a Tea, Coffee & Snacks stall at MGBS, Hyderabad, filed a writ petition seeking a direction to the respondents, Telangana State Road Transport Corporation (TSRTC) and its Regional Manager, to refund his security deposit without deducting any GST amount. He also sought permission to continue operating his stall until the refund or interest on the deposit. The petitioner's counsel submitted that the security deposit in question has now been refunded to the petitioner. Consequently, the cause of action for the writ petition no longer survives, rendering the petition infructuous.
Held
The Court held that the writ petition has become infructuous. This finding is based on the submission made by the petitioner's counsel that the security deposit, which was the subject of the dispute, has already been refunded to the petitioner. Since the primary relief sought was the refund of the security deposit and the continuation of the stall operations pending refund, and the deposit has now been returned, the original purpose of the litigation has been extinguished. The Court reasoned that when the underlying issue is resolved outside of the court's intervention, the petition loses its efficacy. Therefore, the Court dismissed the writ petition as infructuous. No specific directions were issued regarding the GST deduction or interest, as the core issue of refund was resolved.
Key Issues
1. Whether the writ petition has become infructuous due to the refund of the security deposit to the petitioner? Petitioner's Argument: The petitioner's counsel argued that the security deposit, which was the subject matter of the writ petition, has been refunded to the petitioner. Therefore, the cause of action for the writ petition no longer survives, and it has become infructuous. Respondents' Argument: The judgment does not record any specific arguments made by the respondents' counsel. However, the dismissal of the petition as infructuous implies that the respondents' position, or at least the factual development of the case, led to this outcome.
AI-generated summary — verify with the full judgment below
L [ 321e I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) MONDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 15806 OF 2019 Between: V. Ramesh Yadav, Son of Gandaiah Yadav, Aged about 50 years, Licence Holder of Tea, Coffee 86 Snacks, in Stall No.26, at MGBS, Hyderabad. ...PETITIONER AND 1 . Telangan State Road Transport Corporation, Represented by its tvlanaging Director, Bus Bhavan, Musheerabad, Hyderabad.
Regional Manager, Ranga Reddy Region, Telangan State Road Transport corporation' MGBS' Hyderabad' ...RES'.NDENTS 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 refund the Security Deposit of the petitioner in respect of his Stall Tea, Coffee and Snacks Stall Bearing No.26 in MGBS, Hyderabad, without deducting any GST amount from the Security Deposit of the petitioner and directing the respondents either to permit the
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