IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE RAMESH RANGANATHAN Writ Petition No. 25517 of 2008 Between: M/s. Sangha Erectors, Engineers & Contractors, A-25, Gautami Nagar, Fertilizer City, P.O. 505210 District - Karimnagar, represented by its Managing Partner Sri Harpreet Singh Sangha. ... PETITIONER AND 1 The Deputy Commissioner (CT) Karimnagar Division, D.No.7- 1-25, 1st Floor, T.N.G.O's Buildings, Mankamma Thota, Near-II Town Police Station, Karimnagar - 505001. 2 The Commercial Tax Officer, Peddapalli Circle, D.No. 4-3- 333, Kaman Road, Bhoomnagar, Peddapally, Karimnagar District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of Certiorari calling for the record of the impugned ex parte proceedings passed by the 1st respondent in R.R.No.25/2007- 08 dated 19-09-2007 (Certified copy obtained only on 5.11.2008) (Ex.P.1) for the year 2003-2004 under the APGST Act and quash the same, consequently with directions to pas revisional orders de novo according to law after providing full opportunity to the petitioner firm to offer its defence. Counsel for the Petitioner:MR.S.R.R.VISWANATH Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following: Oral Order: (Per Shri Anil R. Dave, Chief Justice) 1. Rule. 2. Service of Rule is waived by the learned Government Pleader appearing for the respondent authorities. 3. At the request of the learned advocates, the petition is taken up for final hearing today. 4. The short grievance made in the petition is that the impugned order dated 19.09.2007 was passed by respondent No.1 without giving any show cause notice to the petitioner and, therefore, principles of natural justice have been violated by passing the said order. It has been, therefore, submitted by the learned advocate appearing for the petitioner that the impugned order be quashed and set aside. 5. In reply to the afore-stated submission made by the learned advocate for the petitioner, it has been fairly submitted by the learned Government Pleader that no show cause notice was issued to the petitioner before passing the impugned order. He has also submitted that the impugned order be treated as a show cause notice and the said order be quashed so that immediately after hearing the petitioner, an appropriate order can be passed. 6. The learned advocate for the petitioner has agreed for treating the impugned order as a show cause notice and has submitted that the petitioner would file its objections within two weeks from today so as to enable respondent No.1 to pass a fresh order after hearing the petitioner. 7. In view of the above development made in the matter and concessions given by the learned advocates, the impugned order dated 19.09.2007 and consequential orders are quashed and set aside. 8. Rule is made absolute with no order as to costs. ANIL R. DAVE, CJ January 28, 2009 RAMESH RANGANATHAN, J svs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KURR}