Telangana State Road Transport ... vs M. Sudhakar
2021 Latest Caselaw 3657 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                              AND
            THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

                                W.A.No.596 of 2019

JUDGMENT:       (Per the Hon'ble the Chief Justice Satish Chandra Sharma)



     Learned counsel for the appellants has drawn the attention

of this Court towards the common judgment dated 09.03.2021

passed in W.A.No.710 of 2019 and other connected matters. The

following common judgment has been passed by the Division

Bench:-

      "1.     The appellants are aggrieved by the orders passed by the
     learned Single Judge in different writ petitions filed by the
     respondents seeking to direct the appellants to collect monthly

licence fee from them without insisting on payment of GST along with the licence fee, during the pendency of the writ petitions.

2. By separate orders passed in the writ petitions, the learned Single Judge granted the interim relief as prayed for by the respondents/writ petitioners. In other words, the appellants have been restrained from collecting the GST along with the licence fee from the respondents/writ petitioners. Aggrieved by the said interim orders, the present intra-court appeals have been filed. By separate orders passed in each of the appeals, operation of the interim orders passed in the writ petitions has been stayed. The said order is continuing to operate till date.

3. We have enquired from learned counsel for the parties as to the status of the writ petitions filed by the respondents. Learned counsel state that the pleadings in most of the writ petitions are complete and they are ripe for final arguments. However, no actual date has been fixed.

4. Learned counsel for the parties agree that instead of pressing the present appeals or the vacate stay applications moved by the appellants and still pending in the writ petitions, it would be appropriate if the writ petitions are taken up for final hearing and disposal. They state that as the fact situation in all the matters is almost similar they shall jointly request the learned Single Judge to treat W.P.No.14585 of 2019 (subject matter of W.A.No.710 of 2019), as the lead matter for purposes of arguments.

5. Accordingly, with the consent of the parties, the present appeals are disposed of along with the pending applications, if

any, while confirming the interim orders passed in the appeals, the parties shall appear before the learned Single Judge in the pending writ petitions on 25.03.2021, for an actual date to be fixed for arguments."

In the light of the aforesaid judgment, the present writ

appeal also stands disposed of. The judgment passed by the

Division Bench dated 09.03.2021 shall be applicable mutatis

mutandis to the present case also. Office is directed to list

W.P.No.14585 of 2019 and other connected matters before the

Bench having roster on 27.12.2021. The impugned order in the

present case shall remain in abeyance. It is needless to mention

that the Division Bench has stayed the interim orders passed by

the learned Single Judge and the said order shall continue till the

disposal of the writ petitions, meaning thereby the

appellants/Corporation shall be free to recover the GST till the

matters are decided finally by the learned Single Judge.

The miscellaneous applications pending in this appeal, if

any, shall stand closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 22.11.2021 JSU