Citation : 2025 Latest Caselaw 2617 Tel
Judgement Date : 27 February, 2025
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
WRIT PETITION No.5711 of 2025
ORDER (Per the Hon'ble the Acting Chief Justice Sujoy Paul):
Ms. Y. Swapna, learned counsel for the petitioner and
Sri Swaroop Oorilla, learned Special Government Pleader for
State Tax, for the respondents.
2. With the consent, finally heard.
3. During the course of hearing, learned counsel for the
parties agreed that the grounds taken in the appeal memo dated
27.02.2024 have not been considered by the appellate authority.
Learned counsel for the petitioner placed heavy reliance on a
Division Bench Judgment of this Court specified in paragraph
No.1.7 of the appeal which has also not been considered by the
appellate authority. Therefore, it s agreed that the impugned
appellate order dated 17.08.2024 may be set aside and the
matter may be remitted to the appellate authority to pass a fresh
order by taking into account all the grounds taken in the appeal
memo.
4. In view of consensus arrived at, the impugned appellate
order dated 17.08.2024 is set aside. The petitioner shall now
appear before the learned appellate authority on 10.03.2025 at
11:30 A.M. for which, no separate notice will be required to be
issued. Learned appellate authority shall decide the appeal
afresh in accordance with law by taking into account the
grounds taken in the appeal memo.
5. Accordingly, the Writ Petition is disposed of. It is made
clear that this Court has not expressed any opinion on merits of
the case. No costs.
Interlocutory applications, if any pending, shall also
stand closed.
___________________ SUJOY PAUL, ACJ
____________________ RENUKA YARA, J
Date: 27.02.2025 Myk/Tsr
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