Telangana State Road Transport Corporation vs. M. Sudhakar
Held
The Division Bench of the High Court, in a common judgment dated 09.03.2021 passed in W.A.No.710 of 2019 and connected matters, disposed of the present writ appeal. The Court noted that the pleadings in most writ petitions were complete and they were ripe for final arguments. With the consent of the parties, the appeals were disposed of, confirming the interim orders passed in the appeals. The parties were directed to appear before the learned Single Judge for fixing an actual date for arguments. The judgment stated that the impugned order in the present case would remain in abeyance and the interim orders passed by the learned Single Judge would continue until the disposal of the writ petitions. This implies that the appellants were free to recover GST until the matters were decided finally. The present writ appeal was disposed of in light of this common judgment.
Facts
The Telangana State Road Transport Corporation (appellant) challenged an interim order of the High Court that restrained it from collecting GST along with the license fee from stall licensees. The respondent, M. Sudhakar, a fruit and fruit juice stall license holder, sought to pay only the license fee without GST during the pendency of his writ petition. The appellant filed an intra-court appeal against the interim order. The High Court had previously stayed the operation of the interim orders passed by the Single Judge in similar writ petitions. The present appeal is an intra-court appeal against an order dated 28-06-2019 in I.A.No.1 of 2019 in W.P.No.11867 of 2019.
Key Issues
1. Whether the High Court erred in granting interim relief to the respondents by restraining the appellants from collecting GST along with the license fee, thereby suspending the operation of the interim orders passed in the writ petitions? (Question of law) Contentions of the Appellants (Telangana State Road Transport Corporation): The appellants argued that the interim orders passed by the learned Single Judge, which restrained them from collecting GST, were erroneous. They sought to have these interim orders vacated. They also moved stay applications in the writ petitions. Contentions of the Respondent (M. Sudhakar): The respondent sought to pay only the license fee without insisting on the payment of GST during the pendency of the writ petition. The learned Single Judge granted this interim relief. The respondent did not press the present appeal or the stay applications.
Sections Cited
Section 151 CPC
AI-generated summary — verify with the full judgment below
HIGH COURT F(;L]95.._Hf ," F rE LA N G AN A MONDAY, THE TWEI rwolH.o uu,( 3.^i,"JffrKrro F N o vE t\/ B E R PRESENT THE HON'BLE THE CHIEF rH E H o N, B L E, *, r r,'r'r[tBi tJ:::, #t::#*'o WRIT APPEAL NO: 596 0F2019 writ Appear under crause '15 0f the Letters patent preferred against the order dated 28-06-2019inr.A.No.1 of 2019inwp.No.11867of 2olg.onthefireof theHighcourt.
Between: 1' Telangana-State Ro.ad rransport _c-orporation, Rep. by its vice chairman and ^ !.a1qoino Director, Bus Bhavan, nrc croiJ nriaa, ivtusheerauao-, Hvidiau!0. 2. Divisionat Manaoer, Tetanjana Etat; -R;;;'"-i;;;ffi;"rd5ii5i.rion, Mahabubnagar Divjsicin, Nltirrio'Junasai iji;rict' AND ,.,APPELLANTS/RESPONDENTS M. Sudhakar, S/o M. Swamy Das, Aged about 3g years, Licence Holder of Two stall i.e., Fruits and, Fruit Jriice in Mihabubnasar 6ui S'taiion i"o Fait riioo Centre in Gadwal Bus Station, Mahabubnagar-D'Or,O ...^."ro";.*;;r.r,;;*u* lA NO: 1 OF 2019 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 suspendtheorderdated28.06.20 19passedinl.A.No.1 ot2019 inW.p.No.1t867of 20'19 in the interest of jus
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