M/S. Sri Ram Spinning Mills Ltd. v. The Government Of Andhra Pradesh,

I s48e I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO: 3962 OF 2010 Between:

M/s. Sri Ram Spinning Mills !td., Rep by its Managing Director, IVr. Sushil Kumar Sancheti, Having its Regd. Office at 3-6-168/4, Hyderguda, Hyderabad - 500 029.

...PETITIONER AND

1. The Government of Andhra Pradesh, Rep by the Principal Secretary to Government, Commercial Tax Department, AP Secretariat Buildings, Hyderabad

2. Government of Andhra Pradesh, Rep by the Deputy Commissioner (Commercial Tax), Abdis Division, Hyderabad.

3. CommercialTax Officer, Hyderaguda Circle, Hyderabad. ..RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction preferable in the nature of Writ of mandamus declaring the action of the 1st respondent in issuing the order dated 08-5-2009, in GO Ms.No. 503, (Amendment to the Schedule-l and lV of the APVAT Act, 2005-Notification) is arbitrary, illegal, unsustainable and violative of the Agreements entered into between the petitioner and the 2nd respondent herein in dated 16-3-2006 and further prays to set aside the same by granting stay of collection of payment of Availed deferment taxes of sum of Rs. 10,10,6291- (before completion of deferment period, as per amended rule 67 of VAT Rules 2005) in lieu of Notice dated 01-02-2010 bearing TIN No. 28590211671O9-10/RC

No.ABS/10i1 issued by the 3rd respondent herein pending disposal of the writ petition.

l.A. NO: 1 F 2010(WPMP. NO: 51 48 0F 2010) 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 grant stay of collection of payment of Availed deferment taxes of sum of Rs. 10,10,629- (before completion of deferment period , as per amended rule 67 of VAT Rules 2005) in lieu of Notice dated 01-02-2010 bearing TIN No. 2BS}O21167tOg-1o/RC No ABS/'10/1 issued by the 3rd respondent herein pending disposal of the writ petition.

Counsel for the Petitioner: SRI MANIK RAO Counsel for the Respondents: Gp FOR COMMERCIAL TAX The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION No.3 962 of 2010 ORDER: (per Hon'ble Sri Justice P.SAM KOSHY) Mr.Manik Rao, learned counsel for the petitioner, submits that the subject matter has become infructuous.

2.

Accordingly, the writ petition stands dismissed as having become infructuous.

As a sequel, miscellaneous petitions, pending if any, shall stand closed SD/.A. JAYASREE ASSISTANT REGISTRAR .a @ . SECTION OFFICER //TRUE COPY/ To,

1. One CC to Sri Manik Rao, Advocate [OPUC]

2. Two CCs to GP for Commercial Tax, High Court for the State of Telangana, at Hyderabad [OUT]

3. Two CD Copies TJ LS YY

d HIGH COURT DATED i1611U2A25 t ii:5 a rrl ,f-n () f 10 EEc &t

ORDER

.\ + -l WP.No.3962 ol 2010 DISMISSING THE WRIT PETITION AS HAVING ECOME INFRUCTUOUS t.D WITHOUT COSTS '%