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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SAM KOSHY, SUDDALA CHALAPATHI RAO
Pennar Industries Limited – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. prior representation issues were inadequately addressed. (Para 2 , 4) |
| 2. dispute resolution should follow statutory procedures. (Para 6) |
| 3. writ jurisdiction is limited when alternatives exist. (Para 8) |
| 4. the case is concluded without further costs. (Para 9) |
ORDER :
2. The present is second round of writ petition preferred by the petitioner. The earlier was W.P.No.16467 of 2025, decided on 23.06.2025. The petitioner at that point of time had challenged the order of the Revisional Authority dated 11.06.2025 on the ground that the petitioner’s rectification application and repeated representation are all pending consideration. In the meanwhile, the order dated 11.06.2025 was passed considering the total factual matrix of the case. The Division Bench of this High Court disposed of the writ petition by making the following observations:
3. During the course of hearing, learned counsel for the parties reached to a consensus. It is agreed that since the petitioner’s representations dated 01.11.2022, 02.11.2022 and 04.11.2022 are pending consideration before the 2nd respondent/competent authority, the impugned order, dated 11.06.2025, may be set aside and the said respondent
Writ jurisdiction should not be invoked when an alternative statutory remedy is available, especially in tax matters.
When there is an alternate remedy available, judicial prudence demands that court refrains from exercising its jurisdiction under constitutional provisions.
The main legal point established in the judgment is that writ petitions challenging assessment orders may not be maintainable if an alternative statutory remedy of appeal is available, unless there i....
The main legal point established in the judgment is the importance of exhausting statutory remedies and avoiding bypassing statutory procedures when a statutory remedy of appeal is available.
The main legal point established in the judgment is that when a statutory remedy of appeal is available, the High Court should refrain from entertaining a writ petition under Article 226 of the Const....
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