Telangana State Beverage Corporation Limited v. Union Of India

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADE FRIDAY, THE THIRTEENTH DAY OF MARCH, TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI KALYAN JYOTHI SENGUPATA, THE CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WP .No.5606 of 2015 Between:

Telangana State Beverage Corporation Limited, Represented by its Managing Director, Prohibition & Excise Complex, M.J. Road, Nampally, Hyderabad-500 001.

Petitioner AND 1 Union of India, Ministry of Finance, New Delhi, Rep. by its Secretary. 2 Tax Recovery Officer-I, Office of Commissioner of Income Tax-I, Room No.407, 4th floor, Aayakar Bhavan, Basheerbagh, Hyderabad-500 004. 3 The Commissioner of Income Tax, Aayakar Bhavan, Basheerbagh, Hyderabad.

Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, direction, or order more in the nature of Mandamus, to declare the Prohibitory Orders issued by the Respondent No.2 dated 28.02.2015 as illegal, without jurisdiction and consequently set aside the same.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein, and orders of the High Court dated 04-03-2015, 10-32015 & 12-03-2015 made herein and upon hearing the arguments of Sri K. Vivek Reddy, Advocate for the Petitioner, Sri B. Narayana Reddy, Asst. Solicitor General for Respondent No.1 and Sri J.V. Prasad, Advocate for Respondent Nos.2 & 3, the Court made the following ORDER:

Counter affidavit is allowed to be filed in the Registry. Affidavit in reply shall be filed within two weeks. In default of filing affidavit in reply, the matter will be proceeded in the absence thereof.

Matter to come up fortnight hence.

Interim order granted earlier to continue until further orders of this Court.

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To

1. One CC to Sri K. Vivek Reddy, Advocate (OPUC)

2. One CC to Sri B. Narayana Reddy, Asst. Solicitor General, High Court at Hyderabad.

3. One CC to the Advocate General, High Court, at Hyderabad 4 .One CC to Sri J.V. Prasad, Advocate

5. Two spare copies.

Tvr HIGH COURT HCJ & SKJ

DATED" 13-03-2015 W.P. No. 5606 OF 2015 EXTENDED THE INTERIM ORDER DRAFTED; TVR DATED: 13-03-2015 HIGH COURT HCJ & SKJ

DATED" 13-03-2015 W.P. No. 5606 OF 2015 EXTENDED THE INTERIM ORDER