High Court for State of TelanganaWP/36460/2015disposed of no costs

M/S. Shivanagar Khandasari Sugar Mills, v. State Of Telangana

2015-11-07Sanjay Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NO.36460 OF 2015 DATED 07th NOVEMBER, 2015 Between:

M/s.Shivanagar Khandasari Sugar Mills, Shivanagar Village, Yellareddy Mandal, Nizamabad District, rep. by its proprietrix Smt.Bhagwati Bai.

And others. .. Petitioner and State of Telangana, represented by its Principal Secretary, Ministry of Industries And Commerce Department, Hyderabad, and others .. Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.36460 OF 2015

O R D E R

The grievance of the petitioner sugar mill is that its notices dated 17.03.2015 and 07.05.2015 addressed to the Commissioner & Director of Sugar and Cane Commissioner, State of Telangana, Hyderabad, and the Assistant Cane Commissioner, Bodhan, Nizamabad District, State of Telangana, have not been considered.

By way of the aforestated notices, the petitioner sugar mill requested that the incentives paid by it for the years 1995-96 and 1999-2000 should be adjusted against its purchase tax dues and for refund of the balance amount. According to Sri Devakinandan Rathi, learned counsel for the petitioner sugar mill, the aforesaid notices were received by the authorities concerned, but no action has been taken thereupon.

In that view of the matter, this Court sees no purpose served in entertaining the writ petition and adjudicating the matter on merits when the authorities concerned are yet to apply their mind and take a decision in the matter. The writ petition is accordingly disposed of directing the Commissioner & Director of Sugar and Cane Commissioner, State of Telangana, Hyderabad, to consider the petitioner's notices dated 17.03.2015 and 07.05.2015 in accordance with law and pass appropriate reasoned orders thereon within a period of three weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

______________________ SANJAY KUMAR, J 07th NOVEMBER, 2015 PGS