M/S. Sri Constructions, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 28388 OF 2017 DATE: 31st OCTOBER 2017 Between:

M/s Sri Constructions ...

Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (CT) Department, Secretariat Buildings, Velagapudi, Guntur District, and another ...

Respondents Counsel for the petitioner : Sri K. Raji Reddy Counsel for the respondents : Special Standing Counsel for Commercial Taxes (AP) THE COURT MADE THE FOLLOWING:

W.P.No. 28388 of 2017 CVNR,J & CKR,J O R D E R: (per Hon'ble Sri Justice C.V. Nagarjuna Reddy) This Writ Petition is filed for a mandamus to set aside proceedings vide TIN: 28440204882, dated 15.07.2017 of respondent No.2.

At the hearing, it is not disputed that the petitioner has the remedy of filing appeal. On noticing the reluctance of this Court to adjudicate the Writ Petition, on merits, Mr. K. Raji Reddy, learned counsel for the petitioner requested for permission to his client to file statutory appeal, by granting reasonable time, as the limitation for filing such appeal has expired.

In the facts and circumstances of the case, the Writ Petition is disposed of without adjudicating on merits of the case, with liberty to the petitioner to file an appeal against the impugned order. If such appeal is filed, within four weeks from today, the Appellate Authority shall entertain and dispose of the same, on merits, without raising any objection on the limitation. No costs.

As a sequel, W.P.M.P. No. 35288 of 2017 filed by the petitioner for interim relief is disposed of. ___________________________ C.V. NAGARJUNA REDDY, J __________________________ CHALLA KODANDA RAM, J 31st October 2017 ksld