G.Sudhakar vs. The State Of Telangana And 2 Others
Facts
The Petitioner, a shop owner at JBS, filed a writ petition challenging a notice dated July 1, 2021, issued by the Respondents (State of Telangana and its authorities). The notice demanded payment of license fee for May and June 2021, along with GST, maintenance, electricity, and water charges. The Petitioner argued that these demands were illegal and arbitrary, especially considering the lockdown restrictions imposed by the State of Telangana during that period, which impacted their business. The Petitioner sought a waiver of these charges and a suspension of the demand notice and related proceedings. The writ petition was filed under Article 226 of the Constitution of India.
Held
The learned counsel for the Petitioner stated that the Petitioner had paid the license fee for the months of May and June 2021. Consequently, the Court noted that nothing remained for adjudication in the writ petition. Recording this statement, the Court closed the writ petition. The Court also ordered that any pending miscellaneous petitions would stand closed and made no order as to costs. The specific issues raised by the Petitioner regarding the legality of the demand during the lockdown period were not adjudicated upon due to the Petitioner's subsequent payment.
Key Issues
1. Whether the demand for license fee, GST, maintenance, electricity, and water charges for May and June 2021, despite lockdown restrictions, is illegal, arbitrary, and violative of Articles 14, 19, and 21 of the Constitution of India and the Disaster Management Act, 2005? Petitioner's Contention: The Petitioner argued that the demand for charges during the lockdown period, when business operations were severely restricted or impossible, was unjust and unsustainable. They contended that the authorities failed to consider the impact of the lockdown and the Disaster Management Act, making the demand arbitrary and violative of fundamental rights. Respondents' Contention: The judgment does not record any specific arguments made by the Respondents. However, the notice itself indicates a demand for payment of various charges.
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA - AT HYDERABAD (SPecial Original Juri iction) MONDAY ,THE SEVENTH DAY OF FEBRUARY ' - iwb inousnruo AND TwENTY rwo PRESENT THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY 20 IT ETI ON NO: 183 70 1 Between: AND f;..#ni[l'#" "9;?3,]if"5"il,1';4fl:: t"J!i"l ',r"31"4 "330;,"*"1i';i'l?lil iiJni-, nJ.ia"n"Y, secunderabad ' ...PETITIONER 2 3 ThestateofTelangana,Repbyitsprincipal"Secretary,totheTransport il;;,iil;""i i'ii min,ii, xnd i'ta'bad Hvderabad' ;*:rr,+:::"181,18f,i""33,-r",Tfr3J?lBL'liia 3,,"[3'Y.e chairman a nd m:'l"t:f f"f"?lil:1i"','#giBfl ItfJ.LildJtF*:no':x"'Manaser' ...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 or order or direction' more particularly one in the nature of Writ of Mandamus, issuing the Notice No C.1t122(17)12020-PKT dated 01lO7l2O21' demanding the payment of the license fee for the months May and June' 2021 along with GST, Maintenance, Electricity Charges and water charges' without considering the lockdown restrictions imposed by the State of Telangana as highly atrocious' unwar
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