Extension of License period by 10 months and to Refund GST: Telangana HC dismisses Writ Petition holding no Cause of Action within Territorial Jurisdiction of Court

The Telangana High Court dismissed a writ petition holding no cause of action within the territorial jurisdiction of the Court in the matter of extension of the license period by 10 months and to refund GST. The writ petitioner in the present matter is K Padmaja.

The writ petition has been filed seeking a direction to the respondent to extend the license period of the petitioner by ten months and to refund the GST amount of Rupees Nine Lakhs Only collected from the petitioner and reduce the license fee of the petitioner for the loss sustained by her due to the renovation work undertaken by the respondent by declaring the inaction of the respondent in not considering the representations of the petitioner as illegal.

V.T. Kalyan, counsel appearing for the respondents submitted that just because the petitioner is a resident of Hyderabad and residing within the territorial jurisdiction of the Court, since there is no cause of action, much less part of the cause of action, the present writ petition is not maintainable and that there is no cause of action, much less part of the cause of action within the territorial jurisdiction of the Court.

Mr C. Ramachandra Raju, counsel for the petitioner, would submit that the petitioner is a resident of Hyderabad and she is residing within the territorial jurisdiction of this Court and submitted that the petitioner has submitted the representations to the respondent with a request to extend the license fee from Hyderabad. Therefore, the present writ petition is maintainable.

The Court of Justice K Lakshman observed that “In the present case, there is no cause of action, much less part of the cause of action within the territorial jurisdiction of this Court. Except for the fact that the petitioner herein is residing in Hyderabad, there is no cause of action within the territorial jurisdiction of this Court. Therefore, the present writ petition is not maintainable.”

Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates