Telangana High Court
The State Of Telangana vs Sri Tellam Rajkumar on 28 February, 2023
Bench: Ujjal Bhuyan, N.Tukaramji
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N.TUKARAMJI
W.A.No.251 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. D.L.Pandu, learned Government Pleader for
Excise representing the appellants and Mr. P.Vamshidhar Reddy,
learned counsel for respondents No.1 to 58.
2. This intra-court appeal is directed against the order
dated 14.12.2022 passed by the learned Single Judge in
W.P.No.19363 of 2021 filed by the respondents as the writ
petitioners.
3. Respondents had filed the related writ petition seeking a
declaration that action of appellants No.2 to 5 in not returning the
demand drafts submitted them along with their respective
applications submitted pursuant to notification dated 24.01.2021
issued by appellant No.2 as illegal and consequently sought for a
direction to the said appellant for return of those demand drafts to
them.
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4. Appellant No.2 had issued notification dated 24.01.2021
inviting applications from interested persons for grant of prior
clearance for establishment of 2-B bars in terms of Telangana
Excise (Grant of licence of selling by bar and conditions of licence)
Rules, 2005. It was mentioned that the application fee was
Rs.1 lakh and that the last date for submission of application forms
was 08.02.2021. Respondents had submitted individual
applications pursuant to the aforesaid notification along with
demand drafts of Rs.1 lakh each.
5. One G.Ramesh filed W.P.No.2899 of 2021 before this Court
assailing legality and validity of the notification dated 24.01.2021. A
learned Single Judge of this Court passed order dated 09.02.2021
granting interim stay of notification dated 24.01.2021. Dispute
raised in W.P.No.2899 of 2021 pertain to declaration of Manuguru
Gram Panchayat as Municipality. The declaration of Manuguru as
a Municipality has been stayed by a Division Bench of this Court in
W.P.No.33318 of 2017. People belonging to the tribal community
have raised grievance that upon declaration of Manuguru as a
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municipality, they have been compelled to pay higher taxes, which
they are not able to pay; besides their claim over the land as tribals
has been diluted. Having regard to the controversy, learned Single
Judge vide the order dated 09.02.2021 stayed all further proceedings
pursuant to notification dated 24.01.2021.
6. Grievance expressed by the respondents before the learned
Single Judge was that almost seven months had elapsed after
issuance of the notification but there is no progress in sight. In the
meanwhile, demand drafts of the respondents for a sum of
Rs.1 lakh each are lying with appellant No.2. It was contended
before the learned Single Judge that the licence period
contemplated vide the notification dated 24.01.2021 had elapsed;
therefore, retention of the demand drafts by appellant No.2 was
not justified.
7. However, according to learned Government Pleader,
respondents had filed application for refund of demand drafts
which were rejected vide the order dated 19.05.2022 by the
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Commissioner; respondents did not challenge legality and validity
of the order of the Commissioner dated 19.05.2022.
8. Be that as it may, learned Single Judge observed that as per
the policy of the Government, licences are issued for each licence
year. Therefore, the period covered by the notification
dated 24.01.2021 had expired. Respondents cannot be made to
wait for an indefinite period for refund of the application fee.
Therefore, learned Single Judge vide the order dated 14.12.2022
directed the appellants to refund their application fee of Rs.1 lakh
to each of the respondents within a period of four weeks.
9. Learned Government Pleader submits that State is taking
steps for getting the interim stay dated 09.02.2021 passed in
W.P.No.2899 of 2021 vacated; therefore, learned Single Judge was
not justified in issuing the impugned direction; as and when the
interim stay is vacated, notification dated 24.01.2021 would stand
revived.
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10. Upon hearing learned counsel for the parties and on due
consideration, we are of the view that issuance of the notification
dated 24.01.2021 insofar Manuguru is concerned is highly
questionable, when the issue as to whether Manuguru is a Gram
Panchayat or a Municipality is pending adjudication before the
Division Bench with an interim stay.
11. That being the position, we do not find any error or infirmity
in the order of the learned Single Judge dated 14.12.2022 passed in
W.P.No.19363 of 2021. No case for interference is made out.
12. Writ Appeal is accordingly dismissed. No costs.
As a sequel, miscellaneous petitions, pending if any, stand
closed.
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UJJAL BHUYAN, CJ
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N.TUKARAMJI, J
Date: 28.02.2023
LUR
