K. MANMADHA RAO
G. Ankamma Chowdary – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's request for judicial relief under article 226. (Para 1 , 2) |
| 2. background facts of lease and legal challenges faced. (Para 3 , 4 , 5) |
| 3. counter-affidavit details on allegations against the petitioner. (Para 6 , 7) |
| 4. arguments on the validity and nature of the show-cause notices. (Para 8 , 9 , 12 , 14) |
| 5. discussion on procedures, jurisdiction, and previous rulings. (Para 10 , 11 , 15 , 16) |
| 6. final conclusion regarding the legality of the demand notice. (Para 18 , 19) |
| 7. the court invalidates the demand notice and determination. (Para 20) |
ORDER :
(K. Manmadha Rao, J.) :
The Writ Petition No.29067 of 2021 is filed under Article 226 of the Constitution of India, seeking the following relief:
The Writ Petition No.28102 of 2021 is filed under Article 226 of the Constitution of India, seeking the following relief:
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Devinder Singh and others v. State of Punjab and others
K.I. Shephard & Ors. etc. etc. v. Union of India & Ors. (AIR 1988 SC 686
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Writ petitions can be maintained against show cause notices if they demonstrate pre-determined conclusions by the authority, constituting a legal mala fide exercise of power.
Pre-determined issuance of demand notices violates legal principles requiring fair process, rendering them null and void.
Statutory authorities must exercise powers independently, and actions based on predetermination or external influence are deemed illegal.
Writs under Article 226 can be maintained against predetermination by authorities, regardless of alternative remedies available, invalidating actions based on extraneous influences.
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