M/S Ananthapur Goods Transport, v. State Of Andhra Pradesh

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA WRIT PETITION NO.33647 OF 2016 ORDER: {Per the Hon'ble the Acting Chief Justice Ramesh Ranganathan} Heard Sri A.Srinath, learned counsel for the petitioner and Sri S.Suri Babu, learned Special Standing Counsel for Commercial Taxes and, with their consent, the Writ Petition is disposed of at the stage of admission. The petitioner is aggrieved by the action of the respondent in collecting Rs.1,00,000/- from them on the ground that the vehicle was not stopped at the check post. Both Sri A.Srinath, learned counsel for the petitioner and Sri S.Suri Babu, learned Special Standing Counsel for Commercial Taxes, would agree that the subject matter of this Writ Petition is covered by an order of this Court in WP.No.23936 of 2016 dated 21.07.2016.

Following the said order and in terms thereof, this Writ Petition is also disposed of. The sum of Rs.1,00,000/- collected from the petitioner shall be refunded within two

(2) months from the date of receipt of a copy of this order. It is made clear that this order shall not preclude the respondents, if they so choose, from prosecuting the petitioner under Section 59 of the Andhra Pradesh Value Added Tax Act, 2005.

There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. _________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (A.SHANKAR NARAYANA, J) 19th October 2016 RRB