Telangana State Beverage Corporation Limited v. Union Of India Ministry Of Finance,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH 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: 5616 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 Warrants of Attachment of movable property 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 the order of the High Court dated 04-03-2015, 10-032015 & 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, learned Standing Counsel 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 Two CCs to the Advocate General (State of Telangana), High Court, Hyderabad.

3 One CC to Sri B. Narayana Reddy, Asst. Solicitor 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

ORDER

W.P.No. 5616 OF 2015 EXTENSION OF INTERIM ORDER

HIGH COURT TVR Date of Drafting : 13-03-2015 HCJ & SKJ DATED: 13-03-2015

ORDER

W.P.No. 5616 OF 2015 EXTENSION OF INTERIM ORDER