Telangana State Road Transport Corporation And 2 Others vs. T. Venkateswarlu

WA/113/2020HC TelanganaGSTCNR HBHC01019231201928 October 2021Bench: SATISH CHANDRA SHARMA,A.RAJASHEKER REDDY4 pages
AI SummaryRemanded

Held

The Division Bench noted that in W.A.No.710 of 2019 and batch, the parties had agreed that instead of pressing the appeals or interlocutory applications, it would be appropriate for the writ petitions to be taken up for final hearing and disposal. The Division Bench, with the consent of the parties, disposed of those appeals while confirming the interim orders and directed the parties to appear before the learned Single Judge on a specified date for fixing an actual date for arguments. Following this precedent, the present writ appeal was disposed of, with the learned Single Judge being requested to decide the writ petition along with other connected matters on merits. No further orders were deemed necessary in the present writ appeal.

Facts

This writ appeal was filed by the Telangana State Road Transport Corporation (TSRTC) and its officials against an interim order dated 27.03.2019 passed by a learned Single Judge in I.A.No.1 of 2019 in W.P.No.6294 of 2019. The issue concerned the payment of GST to contractors. The appellants' counsel brought to the court's attention that a Division Bench had previously dealt with identical issues in W.A.No.710 of 2019 and batch. In that instance, the Division Bench directed the learned Single Judge to decide the matters on merits. The appellants argued that this present appeal also required a decision on merits.

Key Issues

1. Whether the present writ appeal, arising from an interim order concerning GST payments to contractors, should be decided on merits, given that similar matters have been directed for final hearing by a Division Bench. Petitioner/Appellant's Contention: The appellants contended that the issue in this appeal is identical to those in W.A.No.710 of 2019 and batch, which were directed by a Division Bench to be decided on merits. Therefore, this appeal also requires a decision on merits. Revenue/State's Contention: The judgment does not record any specific arguments from the revenue or state in this particular appeal. However, the previous order in W.A.No.710 of 2019 indicates that parties agreed to have the writ petitions taken up for final hearing and disposal.

AI-generated summary — verify with the full judgment below

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE THE HONBLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRIJUSTICE A.RAJASHEKER REDDY Writ Appeal under clause 15 of the Letters Patent Preferred Against the Order Dated 2710312015 Passed in l.A.No.1 of 2019 in W. P. No. 6294 of 2019 on the file of the High Court. Between:

1.

Telangana State Road Transport Corporation, Rep. by its Vice Chairman and lvlanaging Director, Bus Bhavan, RTC Cross Road, Musheerabad, Hyderabad.

2.

The Chief Civil Engineer, Telangana State Road Transport Corporation, Bus Bhavan, RTC Cross Road, Musheerabad, Hyderabad.

3.

The Regional l\rlanager, Telangana State Road Transport Corporation, Mahaboobnagar, N/ahaboobnagar District. ,..APPELLANTS/RESPONDENTS AND T. Venkateswarlu, S/o Late Lingaiah, Aged about 52 years, Occ. Business, Office at H.No.18-104, Shanthi Nagar, Miryalaguda, Nalgonda District. ,..RESPONDENT/RESPONDENT lA NO: 2 OF 2020 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 suspend the orders passed in l.A.No

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