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M/s Subodh Enterprises (in W.P. Nos. 13043 & 13046) and Andhra
Pradesh Township And Infrastructure Development Corporation Limited (in W.P.
No. 14904) Vs. The Union of
India and Others
Court Name: High
Court of Andhra Pradesh at Amaravati
Date of Order: 5th
August 2024
Case No.: W.P.
Nos. 13043, 13046 & 14904 of 2024
Facts of the Case:
The petitioners
approached the Commissioner (Appeals) under Section 107 of the CGST Act, 2017,
seeking redressal of their grievances. The Commissioner (Appeals) passed
handwritten orders in Hindi, but the petitioners, who were not conversant with
Hindi, requested English translations. The petitioners did not receive the
English versions and consequently filed writ petitions challenging the
non-supply of the orders in English.
Submission by Petitioner:
The petitioners argued
that they were entitled to receive copies of the orders in English since they
could not understand Hindi. They contended that issuing orders solely in Hindi
was a violation of their rights, especially given that they operate in Andhra
Pradesh, where Hindi is not the primary language.
Submission by
Respondents:
The respondents,
represented by the Commissioner (Appeals), argued that orders could legally be
passed in Hindi. They cited various constitutional provisions and a report from
the Law Commission of India to support their claim that adjudicatory orders are
not bound to be in English. They also noted that only 20% of the orders were
issued in Hindi as per a Presidential Order concerning the use of Hindi in
official work in "C" regions, which includes Andhra Pradesh.
Findings and Decision of
the Court:
The Court examined the
provisions of the Constitution and the Official Language Act, 1963,
particularly Section 3 and the Official Language (Use for Official Purposes of
the Union) Rules, 1976. It determined that in "C" regions like Andhra
Pradesh, communications from Central Government offices, including judicial
orders, must be provided in English or both English and Hindi. The Court ruled
that the orders issued solely in Hindi by the Commissioner (Appeals) were not
permissible and directed that English translations must be furnished.
Conclusion:
The writ petitions were
disposed of with a directive to the Commissioner (Appeals) to provide English
copies of the orders within three weeks. The court held that the orders would
not take effect until the English translations were supplied to the petitioners,
and the limitation period for any further legal steps would only commence upon
receipt of the English versions.
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Information is based on the notification, circular and order issued by the
Govt. authority and judgement delivered by the court or the
authority information is strictly for educational purposes and on the
basis of our best understanding of laws & not binding on anyone.
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