IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No. 4722 OF 2012 DATE: 23.01.2014 Between:
Idly Yerriswamy … Petitioner And The Govt., of A.P., rep., by its Principal Secretary, Transport Department, Hyderabad & others.
… Respondents.
This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 4722 of 2012 ORDER: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed challenging the demand notice dated 31.01.2012 issued by the 3rd respondent.
We do not know at this distant point of time whether the aforesaid demand notice has reached its finality or not, for no interim relief was granted by this Court staying the hands of the respondents.
In the circumstances, we think that this Court should not exercise its jurisdiction to interfere in this matter because it is not the case of the petitioner that the respondent authorities have no power to issue the demand notice but has questioned the point of jurisdiction in relation to the subject matter of the case. Hence, this is a mixed question of fact and law, which can very well be decided if not decided already by the respondent authorities. Upon hearing the petitioner, a speaking order has to be passed. This entire exercise shall be completed within a period of three weeks from the date of communication of this order. It is made clear that in the event final order has been passed in this matter then this order will not be operative and in that case the petitioner is at liberty to approach the appropriate forum in accordance with law.
The writ petition is accordingly disposed of. No costs. Miscellaneous petitions, if any, pending in this petition shall stand closed.
K.J. SENGUPTA, CJ
SANJAY KUMAR, J
Date: 23.01.2014 ES