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1961 Supreme(SC) 149

K.C.DAS GUPTA, K.N.WANCHOO, N.RAJAGOPALA AYYANGAR, P.B.GAJENDRAGADKAR, A.K.SARKAR
M. A. Rahman – Appellant
Versus
State Of A. P. – Respondent


Advocates:
C.K.DAFTARY, R.Ganapathy Iyer, SARDAR BAHADUR SAHARYA, T.M.SEN

Judgment

WANCHOO, J. : These eleven petitions raise a common point and will be disposed of together. The brief facts necessary for present purposes are these. The petitioners are dealers in motor spirit in Hyderabad. In 1949 the Hyderabad Sales of Motor Spirit Taxation Regulation, No. XXIV of 1358 Fasli thereinafter called the Regulation) was passed and the petitioners were registered as retail dealers of petroleum products under the Regulation. In 1957 the petitioners and others filed writ petitions in the High Court of Andhra Pradesh questioning the validity of the Regulation. There was also a prayer for stay of the levy and collection of the tax and the High Court ordered that all further proceedings in the matter of levy demand and collection of tax including cancellation of registration certificate and threatened attachment of property and the launching of criminal proceedings in pursuance of the Regulation by stayed. The petitioners allege that on this stay being granted by the High Court, they thought that S. 3 of the Regulation was suspended during the period of stay and therefore they stopped collecting the tax from consumers. While these petitions were pending in the High


















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