THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.121 of 2014
DATED:28.4.2014 Between:
Sri Palla Durga Rao, Visakhapatnam.
And Union of India, Ministry of Defence, Indian Navy, Represented by its Flag Officer Commanding in Chief, Eastern Naval Command, Visakhapatnam and others.
… Petitioner ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.121 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
The Public Interest Litigation has been filed for the following reliefs:
“To issue a Writ, order or direction, more particularly a Writ in the nature of Mandamus declaring the action of the Respondents 1 to 3 in entertaining and permitting the 9th Respondent, an un-registered Proprietorship Firm, which is not nominated as Registered Supplier with the Respondents 1 to 3 to take up various works under Respondents 1 to 4, when it is evading the payment of VAT, Central Sales Tax and Service Tax to the Respondents 5 to 8, as arbitrary and illegal and consequently direct the Respondents 5 to 8 to initiate action under the AP VAT Act, 2005 and Finance Act, 1994 and collect the tax evaded by the 1st Respondent, after collecting the details of the work executed by the 9th Respondent from the Respondents 1 to 4, besides directing the Respondents 1 to 4 to strictly adhere to the guidelines laid down in the Defence Procurement Manual in entertaining the bids from registered firms or suppliers only and pass such other suitable order or orders as this Hon’ble Court may deem fit and proper under the circumstances of the case.”
Looking at the prayer as above, we are of the view that it is absolutely a commercial interest litigation and not a public interest litigation.
Therefore, we dismiss the Public Interest Litigation. Consequently, the miscellaneous petitions, if any pending, shall also stand dismissed. No costs.
K.J. SENGUPTA, CJ 28th April, 2014 PNB SANJAY KUMAR, J