Andhra Pradesh High Court - Amravati
The Life Insurance Agents Federation Of ... vs The State Of Andhra Pradesh on 19 March, 2021
Bench: U.Durga Prasad Rao, B Krishna Mohan
1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA (SPECIAL ORIGINAL JURISIDICTION) FRIDAY , THE NINTEENTH DAY OF MARCH, TWO THOUSAND AND TWENTY ONE ' :PRESENT: THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO ND A THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5405 OF 2021 Between: 1. The Life Insurance Agents Federation of India, Zonal Council - South Central Zone, Head Quarters, MIG II B - 36, Gullalapalem, Visakhapatnam, Rep. by its President Bhimisety Markandeyulu, S/o Lakshmaiah, Aged 59 years, R/o 1-4- 7711, Flat No-FF7, GSR Residency-2, Anjaneya Swamy Temple = Street, Gujjanagundla, Pattabhipuram, Guntur Town and District. 2. The Life Insurance Agents' Federation of India,, Rep by its Machilipatnam Division President, Sammeta Rambabu, S/o Sammeta Visal Rao, Aged 51 Years, R/o Parasupet, Machilipatnam, Krishna District. 3. The Life Insurance Agents' Federation of India,, Rep. by its Secretary of Tenali Branch Association, Chimakurthi Venkata Ramana, S/o Mohana Rangaiah, Aged 61 years, R/o 1-2-14, Flat No. 502, Lakshmi Prasad Arcade, Buliaiah Chowdary Street, Nazar pet, Tenali, Guntur District. 4. The Life Insurance Agents' Federation of India,, Rep. by its President of Repalle Branch Association, Dannakuti Basavaraju, S/o Venkateswarlu, Aged 55 years, Rio 8-136, Nizampatriam, Guntur District. 5. The Life Insurance Agents' Federation of India,, Rep. by its Secretary of Bapatla Branch Association, Bodapati Chandra Sekhara Rao, S/o Venkaiah, Aged 49 years, R/o 4-76, Return, Kakumanu, Guntur District. 6. The Life Insurance Agents' Federation of India, Rep. by its Secretary of Guntur Branch Association, Adapa Sankararao S/o Adapa Rajarao, Aged 41 years, R/o 19-13-38, Gandhi Nagar, 2nd line, LR Colony, Sangadigunta, Guntur District. 7. The Life Insurance Agents' Federation of India, Rep. by its Secretary of City Branch-2 Association, Vajrala Ramakrishna Reddy, S/o Yella Reddy, Aged 43 years, R/o 3-11, Gorijavoluguntapalem, Guntur District. 8. The Life Insurance Agents' Federation of India, Rep. by its President of Guntur City Branch Association, Palnati Bhavananarayana, S/o Pothu Raju, Aged 48 years, Rio D.No.4-132, Kaza, Guntur District. 9. The Life Insurance Agents' Federation of India, Rep. by its Secretary of Chilakaluripeta Branch Association, Mandalaneni Shiva Prasad, S/o Lakshmi Narasaiah, Aged 45 years, R/o 37-81, Purushothama Patnam Chilakaluripeta, Guntur District. 10.The Life Insurance Agents' Federation of India, Rep. by its Secretary of Sattenapalli Branch Association, Kannekanti Ramabrahmachari, S/o Lakshamma Chari, Aged 36 years, R/o 8-117/a/1, Chagantivaripalam, Muppall a, Guntur District. 11.The Life Insurance Agents' Federation of India, Rep. by its Secretary of Vinukonda Branch Association, Kakumanu Koteswara Rao, S/o Nageswara Rao, Aged 40 years, R/o 3-141, Velpuru Savalyapuram, Velpuru, Guntur District. 12. The Life Insurance Agents' Federation of India, Rep. by its Secretary of Gurajala Branch Association, Gude Hanumatha Rao, S/o Gude Pedda Seshaiah, Aged 45 years, R/o 9-92, beside Vasavi Lodge, Piduguralla, Guntur District. 13. The Life Insurance Agents' Federation of India, Rep. by its Secretary of Nuziveed Branch Association, Irava Sankara Rao, Hindu, Aged 60 years, Nuziveedu, Krishna District. 14.The Life Insurance Agents' Federation of India, Rep. by its Secretary of Jaggaiahpeta Branch Association, Sukka Sanjeeva Rao, S/o Hanumaiah, Aged 45 years, R/o Ramachandrapuri peta, Jaggayypeta Mandal, Krishna District, 15. The Life Insurance Agents' Federation of India, Rep. by its Secretary of Gudivada Branch Association, Rattaiah Kattepalli, S/o K. Veerabhadra Rao, Aged 63 years, R/o 1-18, Ventrapragada, Pedaparupudi Mandal, Krishna District. 16.The Life Insurance Agents' Federation of India, Rep. by its Secretary of Machilipatnam Branch Association, Amballa Govinda Rao, S/o Narasimha Rao, Aged 42 years, R/o 14/196-A, Gopal Nagar Temple Colony, Machilipatnam, Krishna District. 17. The Life Insurance Agents' Federation of India, Rep. by its Secretary of Kaikaluru Branch Association, Nabigaru Krishnanda Rao, S/o. Narsimha Rao, Aged 47 years R/o 3-88 Nattagudipalem, Bhujabalapatnam, Krishna District. 18.The Life Insurance Agents' Federation of India, Rep. by its Secretary of Vijayawada City Branch-1, Shaik Merra Saheb, S/o. Shaik Hemam Saheb, Aged 55 years, R/o FF-6, Arcade Rorex Towers, Current Office Road, Bhavanipuram, Joji Nagar, Vijayawada, Krishna District. 19.The Life Insurance Agents' Federation of India,, Rep. by its Secretary of Vijayawada City Branch-2, Are Lakshmi Kumar, S/o Satyanarayana, Aged 45 years, R/o Chevuturu, G. Konduru Mandal, Krishna District. 20.The Life Insurance Agents' Federation of India, Rep. by its Secretary of Vijayawada City Branch-3, Chitta Durga Prasad, S/o Ramachadra Murthy, Aged 62 years, R/o 3-101, ZPH School Road, Ramvarapadu, Vijayawada, Krishna District. 21.The Life Insurance Agents' Federation of India, Rep. by its Secretary of Vijayawada City Branch, Rep. by its Secretary Subramanyam Mullapudi, S/o Mullapudi Someswara Rao, Aged 40 years, Rio 3-71, Gandiji Colony, Near Vinayaka Temple, Gunadala, Vijayawada, Krishna District. 22.The Life Insurance Agents' Federation of India, Rep. by its Secretary of Avanigadda City Branch Association, Ambati Venkateswara Rao, R/o Lakshmi Puram, Krishna District. Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Commercial Taxes Department, Secretariat, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Commercial Tax Department, D.No.5-59, Bandar Road, Spring Valley Apartments, Rajiv Bhargav Colony Road, Edupugallu Village, Vijayawada, Krishna District 3. The Joint Commissioner, Commercial Tax Department, Krishna Division, Vijayawada, Krishna District. 4. The Joint Commissioner, Commercial Tax Department, Guntur Division, Guntur District. 5. The Divisional Office, L.I.C of India, Rep. by its Senior Divisional Manager, Kennady Road, Machilipatnam, Krishna District. 6. The Deputy Commercial Tax Officer, And Professional Tax Officer - Ill Machilipatnam Circle, Krishna District. 7. The Deputy Commercial Tax Officer, And Professional Tax Officer i],, Nuziveed Circle, Krishna District. 8. The Deputy Commercial Tax Officer, And Professional Tax Officer, Main Bazaar Circle, Guntur Town and District. 9. The Deputy Commercial Tax Officer-I and, Profession Tax Officer, Patnam Bazar Circle, 1st Floor, Vasundhara Buliding, Jinnah Tower Centre, Guntur District. 10.The Deputy Commercial Tax Officer And Profession Tax Officer, Eluru Bazar Circle, 1st Floor, Vasundhra Complex, Zinnah Tower Centre, Guntur District. 11.The Deputy Commercial Tax Officer-l, And Profession Tax Officer, Morrisepet Circle, Tenali, Guntur District. 12. The Deputy Commercial Tax Officer And Profession Tax Officer, Gandhi Chowk Circle, Tenali, Guntur District. 13. The Deputy Commercial Tax Officer and Profession Tax Officer, Bapatla Circle, Bapatla, Guntur District 14. The Deputy Commercial Tax officer-II and Profession Tax Officer, Mangalagiri Circle, Guntur District. Respondents 3 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents _ in issuing Third Party 15-12-2020, R.C.No.26/2018/A2, dated 10-02-2021, R.C.No.34/ 2020/A7, dated 12-11- Principles of Natural Justice, contra to the provisions of Andhra Pradesh Professional Tax Act, 1987 and in-violation of Articles 14, 19, 21 and 300-A of Constitution of India, consequently direct the Respondents to drop the above proceedings issued by Respondent Nos. 6 to 14 to the Life Insurance Corporation of India. IA NO: 1 OF 2021: Petition under Section 151 CPC praying that in the circumstances Stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay the Third Party Attachment Notices issued under Section 18 of Andhra Pradesh Professional Tax Act, 1987 through proceedings in R.C.No.JA9/1/2021, dated 26-02- 2021, R.C.No.JA3/6/2021, dated 25-02-2021, R.C.No.42/2016/B1, dated 19-02-2021, R.C.No.Nil/2020/A5, dated 15-12-2020, R.C.No.26/2018/A2, dated 10-02-2021, R.C.No.34/2020/A7, dated 12-11-2020, R.C.No./SA-6, dated 29-12-2020, R. C.No.17/B- 3, dated 30-11-2020 and R. C .No.Ni1/2020/A3, dated 17-11-2020 issued by Respondent Nos. 6 to 14 respectively to the Life Insurance Corporation of India, pending disposal of WP 5405 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and Order of High Court dated 09-03-2021 made herein and upon hearing the arguments of Sri Narasimha Rao Gudiseva Advocate for the Petitioners and of GP for Commercial Tax for the Respondent Nos.1 to 4 & 6 to 14 and of Sri Bathula Raj Kiran, Standing Counsel for Respondent No.5, the Court made the following. ORDER:
For counter of the respondents, at request, post after two weeks. Interim Order granted earlier is extended by three weeks. Sd/- B. Narsing Rao ASSISTANT REGISTRAR IFTRUE COPY// For ASSISTANT REGISTRAR To
1. One CC to Sri Narasimha Rao Gudiseva, Advocate [OPUC]
2. Two CCs to GP for Commercial Tax "High Court of Andhra Pradesh. [OUT]
3. One CC to Sri Batuala Raj Kiran, Standing Counsel (OPUC)
4. One spare copy Skm HIGH COURT UDPRJ & BKM,J DATED: 19-03-2021 NOTE: POST AFTER TWO WEEKS ORDER WP.No.5405 of 2021 EXTENSION OF INTERIM ORDER te 2 ; Py on 2 gf Ay at ak TpATC et ok eee