Andhra Pradesh High Court - Amravati
M/S. Sudalagunta Hotels Ltd. Chittoor ... vs Asst. Commr. Ct L.T.U. Chittoor Dist. on 15 February, 2024
APHC010277722007
IN THE HIGH COURT OF ANDHRA PRADESH ::
AMARAVATI
(Special Original Jurisdiction)
[3464 ]
THURSDAY ,THE FIFTEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 23105 OF 2007
Between:
1. M/S. SUDALAGUNTA HOTELS LTD. CHITTOOR DIST., Chittoor
District - 517 501 Andhra Pradesh, Rep. by its Managing Director
Mr.S.Jayaram Chowdary.
...PETITIONER(S)
AND
1. ASST COMMR CT L T U CHITTOOR DIST, Chittoor Division, Chittoor
District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that
in the circumstances stated in the affidavit filed therewith, the High
Court may be pleased toto issue an appropriate writ, order or direction
more particularly one in the nature of Writ of Mandamus declaring the
action of the respondent in passing the impugned best judgment
assessment order Dated: 18-09-2007 for the assessment year 2004-2005
under A.P.G.S.T. Act by estimating and adding the alleged suppressed
turnover basing on the input - output ratio obtained in other restaurants
without there being any incriminating material as illegal, arbitrary, high
handed, without authority of law and jurisdiction and contrary to the
provisions of the Act and settled legal principles and set-aside the same
and declare that best judgment assessment can not be passed on arriving
the probable suppressions basing on the input-output ratio obtained
from the other restaurants and pass such other order or orders.
I.A. NO: 1 OF 2007(WPMP. NO: 30109 OF 2007)
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may
be pleased to grant stay of all further proceedings pursuant to the
impugned Aassessment order passed by the respondent dt. 18.09.2007
for the Assessment Year 2004-2005 under the A.P.G.S.T. Act, pending
disposal of the W.P. and pass such other order or orders.
Counsel for the Petitioner(s):SRI. BHASKAR REDDY VEMIREDDY
Counsel for the Respondents: GP FOR COMMERCIAL TAX (AP)
The Court made the following:
On 02.01.2024, the following order was passed:
"Since Sri Bhaskar Reddy Vemireddy, learned counsel for the
petitioner has been designated as Senior Advocate, request has been
made by Sri Shaik Jeelani Basha, learned counsel, to adjourn the
matter to enable the petitioner to engage another counsel.
2. List after Sankranti Vacation, 2024 in the weekly cause list.
3. The matter will not be adjourned on the next date, since it
pertains to the year 2007."
2. The matter pertains to the year 2007 and it is listed in the weekly
list.
3. Sri Bhaskar Reddy Vemireddy, learned Senior Counsel appearing
for the petitioner assisted by Ms. Harshitha, learned counsel submitted
inspite of the mail being sent to the petitioner, he has not received any
response. He seeks for adjournment.
4. In view of the order dated 02.01.2024, request for adjournment is
rejected.
5. Accordingly, the Writ Petition is dismissed for "want of
prosecution".
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall
also stand closed.
__________________________
RAVI NATH TILHARI, J
_______________________
HARINATH.N, J
AG
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 23105 OF 2007
Date: 15.02.2024
AG
