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2025 Supreme(Online)(Tel) 37948
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.Sam Koshy, Narsing Rao Nandikonda, JJ
Tirumala Cabs – Appellant
Versus
Government of Telangana – Respondent
WRIT PETITION NO.21257 OF 2014|9259 OF 2015|9421 OF 2015|9666 OF 2015|21448 OF 2014|22330 OF 2014|22335 OF 2014|22341 OF 2014|23073 OF 2014|23075 OF 2014|23076 OF 2014|23083 OF 2014|24613 OF 2014|24797 OF 2014|28145 OF 2014|29713 OF 2014|34340 OF 2014
Important Points
Subject
Constitutional and Administrative Law - State Re-organization and Taxation
Act Referred
Telangana Motor Vehicles Taxation Act, 1963: S.3
Motor Vehicles Act, 1988: S.88
Headnote
(B) Motor Vehicles Taxation Act - Quarterly tax - Validity of deemed payment - Quarterly tax paid by vehicle owners in either successor State for a period up to 31.03.2015 is deemed to have been paid for both successor States, precluding any additional levy for the same period. (Paras 4, 18, 31, 32)
(C) Statutory Interpretation - Legal fiction - While interpreting provisions creating legal fiction, courts must ascertain the intended purpose and assume all inevitable corollaries which would follow if the putative state of affairs were real. (Para 25)
Facts of the case:
Public transport vehicle operators challenged the actions of the newly formed State government authorities, which were demanding payment of motor vehicle tax despite the petitioners having already paid the quarterly tax to the authorities of the erstwhile united State. The government contended that the previous exemption notification was not formally adopted and that the new State was entitled to levy independent taxation on vehicles entering from the other successor State.
Findings of Court:
The court held that the notification issued by the erstwhile State before the appointed day remained in force in both successor States under the relevant adaptation orders. Consequently, the government could not collect taxes for periods already covered by payments made by taxpayers. However, the court also ruled that the State was within its legal authority to implement new notification orders for tax collection for periods commencing after 31.03.2015.
Issues: Whether the state government is entitled to demand motor vehicle tax from operators who have already paid the quarterly tax to the authorities of the erstwhile state, and whether the government possesses the competence to levy such taxes after a specific cut-off date.
Ratio Decidendi: The court determined that since the relevant government notification was never formally repealed or withdrawn, it continued to be binding. Under the principles of the Re-organization Act, quarterly payments made to one successor state were deemed to be satisfied for both states up until 31.03.2015. After that date, the government acts within its legislative competence to levy taxes under its own enacted policies.
Result: Some petitions allowed, others dismissed.
For the Appellants/Petitioners: D.Avinash Desai, S.Arifullah
For the Respondents: A.Sudershan Reddy
| Table of Content |
|---|
| 1. factual background and conflicting claims regarding double taxation of contract carriage vehicles post-bifurcation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 2. g.o.ms.no.43 mandates that taxes paid in one successor state are valid in both up to 31.03.2015. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 3. state of telangana is empowered to levy motor vehicle tax from 01.04.2015 onwards via g.o.ms.no.15. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49) |
1. Whether Reporters of Local newspapers may be allowed to see the Judgments? : Yes/No
2. Whether the copies of judgment may be marked to Law Reporters/Journals? : Yes/No.
3. Whether His Lordship wishes to see the fair copy of the Judgment? : Yes/No.
_________________________________
W.P.No.21257 of 2014
Tirumala Cabs,
M Sunil Kumar
S/o M Devender Reddy Aged about 37 years
Rio 320/4 A V Road Kalasapalyam
Bangalore Karanataka State.
W.P.No. 9259 of 2015
Pohtula Bala Obula Reddy Kadapa A.P And 7 Otrs,
Occ Bus Owner R/o H No 20/908,
Cooperative Colony, Kadapa ,
Andhra Pradesh State,
Vehicle R.No. AP04Y8829 APO4Y9279.
W.P.No. 9421 of 2015
Vallabhaneni Nagaraj Kumar Chowdary Guntur Dist And 4 Others.
S/o Satyanarayana, Occ: Bus Owner,
R/o D.No. 69162, TN Club Road,
Nandulapet, Tenali, Guntur District,
Andhra Pradesh State,
Vehicle R.No. KL09Y3353 KL09Y3343.
W.P.No. 9666 of 2015
M/S DIWAKAR ROAD LINES ANANTHAPUR DIST AND 9 OTHERS,
Rep by J C Uma Reddy W/o J C Prabhakar Reddy ,
R/o 15311 Sanjeeva Nagar,Tadipatri,
Ananthapur District, Andhra Pradesh State
Vehicle R.Nos AP2TB3915, AP02TB3231,
APO2TB3213 AP02TB395.
W.P.No. 21448 of 2014
M/s Diwakar Road Lines
Rep by J C Uma Reddy W/o J C Prabhakar Reddy, C/o Nabin Kumar Amarka,
Rama chandrapur Bazar Jatni Khurda
Orissa State.
W.P.No. 22330 of 2014
Kaveri Kamakshi Travels Rep by M Penchala Naidu
S/o M Narasimham,
R/ o Near APSRTC BusStand ,Kurnool Road,
Ongole, Prakasam District.
W.P.No. 22335 of 2014
Smt V Syamala
W/o V Ramachandra Reddy,
R/o 1/4411331 Maruthi Nagar, Kadapa
AP 04 Y 4446 AP 04 V 2223 AP 03 X 1296 and
AP 04 Y 0779.
W.P.No. 22341 of 2014
Mallina Satyanarayana Rao S/o Venkata Rao
R/o Aryapuram Rajahmundry,
East Godavari District.
W.P.No. 23073 of 2014
Agy George
S/o George , R/o 27/1264 14A, Link Heights,
Panambilly Nagar, Ernakulam - Kerala State.
W.P.No. 23075 of 2014
KPN Travels India Limited,
Rep by its Managing Director,
K P Natarajan S/o Ponmalai Gounder,
R/o Chikkabajana Mandir Street, Sarjapura Post,
Anekal Taluq Bangalore Karnataka State.
W.P.No. 23076 of 2014
M Jahangir Basha S/o Late M Akbar
R/o 20/9, Azeema Building,
TSP Road, Kalsipalyam,
Bangalore Karnataka State.
W.P.No. 23083 of 2014
Saif Sikandar
S/o Abdul Hameed Sikandar,
Prop of M/s KGN Travels,
R/o 19/1 TSP Road Kalasipalyarn,
Bangalore Karnataka State.
W.P.No. 24613 of 2014
K R Suresh Kumar S/o K V Rama Krishnan
Proprietor of M/s Kallada Tours and Travels,
R/o No 14 Hosur Main Road,
Madivala Bangalore Karanataka State.
W.P.No. 24797 of 2014
Abdul Kaleem
S/o Mohammed Hayath Prop Saleem Tours and Travels,
R/o 335/5 TSP Road,
Kalasipalyam, Bangalore, Karnataka State.
W.P.No. 28145 of 2014
M/s Komitla Services
Rep by Managing Partner K Satyanarayana Reddy, S/o K Adi Reddy, R/o No 15 4th Cross Koramangala, 5th Block, Bangalore, Karnataka State.
W.P.No. 29713 of 2014
BABA TOURS AND TRAVELS
Rep by Sri P Pavan Chandra S/o P Prabhaker,
R/o Sy No 58 and 75, Thummaloor Village,
Maheshwaram Mandal,Ranga Reddy District.
W.P.No. 34340 of 2014
ABDUL KHALEEM BANGALORE
S/o Mohammed Hayath, Proprietor of Saleem Tours and Travels, R/o 76 Ward No 23, Bahadurpur L/o Anekar Taluk, Bangalore, Karnataka State. ...Petitioners
v
Rep. by the Chief Secretary, Government of Telangana, Secretariat Building, Hyderabad and two others. ...Respondents
Counsel for the petitioners: Sri D.Avinash Desai, learned Senior Counsel representing Sri S.Arifullah, learned c
