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High Court for State of TelanganaWP/17753/2007dismissed as infructuous

Itc Limited,An Existing Company Within The Meaning Of v. The Andhra Pradesh State Financial Corporation A

2018-04-11Abhinand Kumar Shavili2 pages

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.17753 of 2007 O R D E R:

This Writ Petition is filed seeking to issue a Writ of Mandamus declaring the action of the respondents 1, 2 and 3 with respect to all the goods and machinery of the petitioner as illegal, without authority of law and without any jurisdiction and consequently to direct the respondents to release all the properties of the petitioner as mentioned in Annexure P3 from the premises of R-4 bearing Nos.127 and 128, IDA, Medchal, Ranga Reddy District.

Heard Sri Salloori Ramesh, Counsel for the petitioner, Sri G.Anil Kumar, Special Standing counsel for Respondent No.3 and Sri J. Parthasarathy, Counsel for Respondent No.1.

When the matter is taken up for hearing today, it has been reported by the counsel for the petitioner that the Commercial Tax Officer, Hyderabad, vide proceedings No.Rc.No.D/24/2001 dated 26.10.2007 has revoked the notice issued under Section 29 of the Andhra Pradesh Value Added Tax Act, in FORM VAT 206 dated 10.8.2007 and in view of the same the cause in the writ petition does not survive. Further, it has been reported that the 1st respondent has also issued proceedings No.AFC/OPD-III/VR/2007-08 dated 29.11.2007 giving no objection to lift the seizure in respect of 4th respondent/Royes Industries Limited.

In view of the above said two proceedings, the cause in the Writ Petition does not survive.

Accordingly, the Writ Petition is dismissed as infructuous giving liberty to the 3rd respondent to proceed against the 4th respondent, if there are still any dues. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ________________________________ ABHINAND KUMAR SHAVILI, J Date: 11/04/2018 lkv