HON’BLE SRI JUSTICE RAMESH RANGANATHAN AND HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No.27880 OF 2011 Date: 05-08-2014 Between:
M/s. Nataraj Bakery, Shop No.10, H. No.2-127, Badam Apartments, Chaitanya Puri, Saroornagar Mandal, Rangareddy District, Rep. by its Proprietor C. Srinivas, S/o. C. Anjaiah, Aged about 42 years. - - - Petitioner.
And The Commercial Tax Officer, Malakpet Circle, 9th Floor, Gagan Vihar, Nampally, Hyderabad and 3 others. - - - Respondents.
This Court made the following:
HON’BLE SRI JUSTICE RAMESH RANGANATHAN AND HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No.27880 OF 2011 ORDER: (Per Hon’ble Sri Justice Ramesh Ranganathan) Sri T. Srinivasulu, learned counsel for the petitioner, submits that the Audit Officer, who conducted inspection, lacks power to pass the order of assessment and the writ petition must be allowed on this short ground. The fact however remains that no such plea is taken in the writ affidavit nor have the assessment orders been subjected to challenge in these proceedings.
Sri T. Srinivasulu, learned counsel for the petitioner, seeks permission of this Court to withdraw the writ petition with liberty to file a writ petition, afresh, questioning the validity of the assessment orders, on this ground.
Granting liberty as sought for, the writ petition is dismissed as withdrawn. In consequence, miscellaneous petitions, if any, pending in this writ petition shall stand dismissed. There shall be no order as to costs.
RAMESH RANGANATHAN, J M. SATYANARAYANA MURTHY, J Date: 05-08-2014.
Dsh HON’BLE SRI JUSTICE RAMESH RANGANATHAN AND HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY 96 WRIT PETITION No. 27880 OF 2011 (Order of the Division Bench delivered by Hon’ble Sri Justice Ramesh Ranganathan) Date.05-08-2014
DSH/JSK