M/S Prakash Chemical, v. Commercial Tax Officer, Hydernagar Circle,

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN And THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.27338 of 2015 ORDER: (per Hon'ble Sri Justice Ramesh Ranganathan) The subject vehicle was detained on the ground that the ewaybill generated by the petitioner contained a hand-written vehicle number; and was not covered by a transport declaration. While ordering notice before admission this Court, by order dated 28.08.2015, directed the second respondent to release the goods forthwith, and observed that release of the goods shall be subject to the further orders that may be passed in the application. Sri Sk.Jeelani Basha, learned Special Standing Counsel for Commercial Taxes, would submit that an assessment order was passed on 25.08.2015 and, thereafter, an order of penalty was also passed.

The subject matter of this Writ Petition relates only to release of the goods. As the goods have already been released pursuant to the interim order passed by this Court, the cause in the Writ Petition does not survive necessitating any further adjudication by this Court. Suffice it to make it clear that this order shall not preclude the respondents from taking action in accordance with law, and for the petitioner to question the said order passed by the respondents in appropriate legal proceedings.

The Writ Petition stands disposed of accordingly. Miscellaneous Petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

______________________________ RAMESH RANGANATHAN, J __________________________________ M.SATYANARAYANA MURTHY, J

12th February, 2016.

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