Sabmiller India Limited v. Union Of India, Through

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 33118 of 2014 Date: 10.02.2015 Between:

SAB Miller India Limited, Medak District & another.

... Petitioners And Union of India, rep., by its Secretary, Ministry of Finance, Department of Revenue, New Delhi & another.

... Respondents This Court made the following:

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 33118 of 2014 ORDER: (Per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) In terms of our interim order dated 06.11.2014, the 2nd respondent - Commissioner of Customs and Central Excise, HyderabadI, decided the matter holding the plea of jurisdiction against the petitioners.

Now the petitioners want to challenge the same in this writ petition. We are of the view that it would not be convenient to decide that point in this writ petition, as it is a subsequent development. So, it is better to bring a comprehensive fresh proceeding. Accordingly, we close the writ petition giving liberty to the petitioners to take steps in accordance with law, as may be permitted. To enable the petitioners to do so, we ask the respondents to stay their hands for a period of seven days from the date of receipt of a copy of this order. All points are kept open.

Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

___________________ K.J. SENGUPTA, CJ ___________________

SANJAY KUMAR, J Date: 10.02.2015 ES