M/S. Planet INDIA Remedies P. LTD. vs. The State Of Telangana
Held
The Court was presented with a submission from the learned counsel for the petitioner, Mr. M. Atish, requesting to withdraw the writ petition. The Court granted this permission. Consequently, the writ petition was dismissed as withdrawn. There were no orders as to costs. The Court also noted that any pending miscellaneous petitions in the writ petition would stand dismissed as a sequel to the withdrawal. The specific issues raised by the petitioner regarding the legality of the penalty and GST, and the entitlement to plot sub-division, were not decided on merits due to the withdrawal of the petition.
Facts
The petitioner, M/s. Planet India Remedies, represented by its Director, filed a writ petition before the High Court for the State of Telangana at Hyderabad. The petition challenged proceedings issued by the second respondent, the Zonal Manager, Telangana State Industrial Infrastructure Corporation Limited (TSIIC), dated July 14, 2017. These proceedings imposed a penalty and GST. The petitioner sought a writ of mandamus declaring these proceedings as illegal, arbitrary, capricious, malafide, contrary to law, and against the principles of natural justice. An interim application was also filed seeking a direction to the second respondent to consider the petitioner's application dated August 26, 2016, for sub-division of a plot and collect sub-division charges of Rs. 1,16,882/-. The writ petition was filed in 2018.
Key Issues
1. Whether the proceedings issued by the second respondent, imposing penalty and GST, are illegal, arbitrary, capricious, malafide, contrary to law, and against the principles of natural justice, as contended by the petitioner? 2. Whether the petitioner is entitled to a direction for sub-division of the plot based on norms prevailing in 2016 and payment of Rs. 1,16,882/- as sub-division charges, as sought in the interim application? Petitioner's Contention: The petitioner argued that the proceedings of the second respondent were illegal and arbitrary. They also sought directions for plot sub-division based on 2016 norms. Respondents' Contention: The judgment does not record any specific contentions made by the State of Telangana (Respondent No. 1) or the Zonal Manager, TSIIC (Respondent No. 2).
AI-generated summary — verify with the full judgment below
M/s. Planet lndia Remedies(? t-t0., Represented by its Director i.e. Smt. Reddyvary Sridevi, W/o. R.Sridhar Reddy, Aged about 58 years, Occ: Business, R/o. H.No. 2-2- 64718131 , Central Excise Colony, Bagh Amberpet, Hyderabad. ...PETITIONER AND HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO: 30277 OF 2018 Between:
The State of Telangana, Rep by its Principal Secretary, Industries and commerce Department, Secretariat, Hyderabad. 2. f he Zonal Manager, Telangana State lndustrial lnfrastructure Corporation Limited, Shamshabad, R.R.District ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceeding issued by the 2nd respondent vide letter dated 14-07-2017 vide Lr.No.ZOIJDIV/PLOT NO.105/lDA-CHERLAPALLY-PH- 1 10211983 to the extent of penalty and GST as being lllegal, arbitrary, capric
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