K. LAKSHMAN
Rudramamba Agro Industries – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Heard Mr. J. Prabhakar, learned Senior Counsel representing Ms. Kanumuri Kalyani, learned counsel for the petitioners, Mr. S. Rahul Reddy, learned Special Government Pleader and Mr. Pasham Mohith, learned counsel representing Ms. Hamsini Mohith, learned counsel for respondent No. 12 in W.P. Nos. 20288 and 18867 of 2024.
2. W.P. No. 1974 of 2022 is filed declaring G.O.Ms. No. 22, dated 06.12.2021 in not extending the time for supply of custom milling in six (06) installments, as illegal, and for a consequential direction to the respondents to receive the CMR paddy in six (06) installments from the petitioner firms.
3. W.P. Nos. 17872, 18688, 28007 and 45916 of 2022 are filed by the respective petitioners challenging issuance of Demand Prior to Attachment of Land proceedings, dated 29.03.2022, 26.03.2022, 25.06.2022 and 14.12.2022, issued by the respective Tahsildars in Form No. 4 (U/S - 25 of the Telangana Revenue Recovery Act, 1864).
4. W.P. No. 11484 of 2023 is filed by the petitioner challenging issuance of Notice of Attachment proceedings, dated 06.04.2023 issued by the Tahsildar, Mulugu Mandal and District in Form No. 5 (under Section-27 of the Telangana Revenue Recovery
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Recovery proceedings under the Telangana Revenue Recovery Act cannot be initiated without a prior determination of the amount due, especially when disputes exist and an arbitration clause is present.
Recovery proceedings under the Telangana Revenue Recovery Act cannot be initiated without prior determination of the amount due, especially when an arbitration clause exists in the agreement.
(1) Public demand – Term ‘public demand’ is of wide amplitude and encompasses all arrears or dues.(2) Jurisdictional facts consist of a sequence of events or a bundle of circumstances – Relevant circ....
An arbitration agreement exists despite challenges, and an independent arbitrator must be appointed due to conflicts of interest with the originally named arbitrator.
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