✦ High Court of India · 03 Apr 2025

High Court · 2025

Case Details High Court of India · 03 Apr 2025
Court
High Court of India
Decided
03 Apr 2025
Length
1,087 words

Mr. Malikireddy Vishnu Vardhan, S/o Late Sri-Malikireddy Veera-naravana Reddy Age 48 Years, Occupation Business, PRI/o.- Plot Nos.2SA & 258, -Co-Operative Society, Phase - l, Kavurihills, Madhapur,. Hyderabad - Ravin'der 500 081 Repre'sented by registered GPA holder Mr. Malikireddy Veerabhadra Reddy AND ...PETITIONER 1 2 The Tax Recovery Officer, O/o The Principal Commissioner of lncome Tax (Central), Aayakar Bhavan, Opp. LB Stadium, Basheerbagh, Hyderabad, Telangana- 500 004. Unioriof lndia, Represented by its Secretary, Department of Revenue, Ministry of Finance, North Block, New Delhi 1 10001 ...RES'ONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or orders or direction, more particularly one in the nature of writ of Mandamus directing Respondent No.1 herein to expeditiously consider and dispose of the Petitioner's objection Petition dated 22t01t2025 filed under Rule 1'1 of Second Schedule of the lncome Tax Act,'t961 against order of Attachment in Form ITCP-16 dated 2710412023 vide DIN ffBNCOMtFt17t2O23- 24t1052383560(1) issued by Respondent No'1 in accordance with law. lA NO: 1 OF 2025 Petition under Section 1 51 CPC praying that in the cir<;umstances stated in the affidavit filed in support of the petition, the High Court ma!' be pleased to direct the Respondents not to initiate any proceedings consequential to Order of Attachment in Form ITCP-16 dated 2710412023 vide DIN l-l'BA/CO[/1F11712023- 2411052383560(1) to the extent of Petitioner's property i.e., Unit No.1002, 1oth Floor, Sandhya Techno-l Building, Raidurg Panmaktha Village, Serilingampally Mandal, Ranga Reddv District Counsel for the Petitioner: SRI PARIKSHITH KUTUR Counsel for the Respondent No.'l: M/s. K.MAMATA, SENIOR SC FOR ITD Counsel for the Respondent No.2: SRI B.MUKHARJEE FOR SRI GAOI PRAVEEN KUMAR, Dy. SOLICITOR GENERAL CF INDIA W.P.NO: 9304 OF 2025 Between: M/s. Antra lnfo Solutions Private Limited, Having its Regyistered office at Unit No.1001, 1Oth Floor, Sandhya Techno-l Building, Raidurll Panmaktha Village, Serilingampally Mandal, Ranga Reddy District Represonted by its Director Smt. Malikireddy Shantamma. AND ...PET|T|ONER

1. The Tax Recovery Officer, O/o. The Principal Commissiorer of lncome Tax (Central), Aayakar Bhavan, Opp LB Stadium, Basheerbagh, Hyderabad, Telangana- 500 004 Ministry of Finance, North Block, New Delhi 110001 2 Union of lndia, Represented by its Secretary, Departmenl of Revenue, ...RESPONDENTS Petition under,Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the lligh Court may be pleased to issue an appropriate writ, order or orders or directirtn, more particularly one in the nature of Writ of Mandamus directing the Respondents herein to expeditiously consider and dispose of the Petitioner-Company's Objection Petition dated 2210112025 filed under Rule 11 of Second Schedule of the Income Tax Act,'1961 against Order of Attachment in Form ITCP-I6 daled 2710412023 vide issued by the llespondent No.1 in DlN. lTBtuCOMlFl17l2o23-24l1052383560(1) accordance with law. lA NO: 'f OF 2025 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to initiate any proceedings consequential to Order of Attachment in Form ITCP-16 dated 2710412023 vide DlN. ITBA/COIAIFl1712023- 2411052383560(1) to the extent of Petitioner-Company's property i.e., Unit No.1001 , 1Oth Floor, Sandhya Techno-l Building, Raidurg Panmaktha Village, Serilingampally Mandal, Ranga Reddy District. Counsel for the Petitioner: SRI PARIKSHITH KUTUR Counsel for the Respondent No.'l: M/s. K.MAMATA, SENIOR SC FOR ITD Counsel for the Respondent No.2: SRI B.MUKHARJEE FOR SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GENERAL OF INDIA , The Court made the following: COMMON ORDER THE HONBLE SRI JUSTICE P.SAM KOSHY AND THE HONBLE SRI JUSTICE NARSING RAO N'ANDIKONDA WRIT PETITION Nos.944l & 9304 0F 2025 COMMON ORDER ipet llt,r'ble Sri Justrce I) Sam Koshg) Heard Mr.Parikshith Kutur, learned counsel 1br the petitioners, Ms.K.Mamata, learned Senior Standing Counsel fc,r the Income Tax Department appearing for respondent No.1 and Mr.B.Mukharjee, learned counsel rr:presenting Mr.Gadi praveen Kumru-, learned Deputy Solicitor Ceneral of India, appearing for respondent l{os.2 & 3. 2. Thc limited relir:f that the petitioner has soughr for in the present writ petition is f.r an appropriate direction to the respondents to expeditiously consrder iand dispose of the petitioners objection petition that thel have filed r>n22.01.2025 under Rule rl oi second Schedule of Income Tax Act against an order of attachment daled 22.o4.2023. 3. on the previ.us date of hearing, we had instructed the learned Standing counsel lirr the Income Tax department to seek instructions. Today, the learne.l Sta,ding counsel has informetl that these writ petitions can be d isposed of by giving a reasona ble time for the authorities to tak c a decision on the objection ;retition that the petitioners have filcd.

4. In view of thr: submissions made on either sitl:, we are of the considered opinion that the instant writ petition at r-tris juncture can I ( be disposed of directing the 1"t respondent to consider ald decide the objection petition that the petitioners have hled oo 22,01 .2025 in connection with the attachment order dated 27.O4.2023 at the earliest preferably within a period of ninety (9O) days from the date of receipt of copy of this order.

5. With the a-foresaid direction, these writ petitions stand disposed of. No order as to costs. As a sequel, miscellaneous applications pending if any, shall stand closed //TRUE COPY// sD/- A.sRrNrv4g4.BEPPI ASSISTANT REGISTRAR __ SECTION OFFICER -- -- -'7 -- To

1. The Tax Recovery Officer, O/o The PrinciP al Commiss ioner of lncome Tax ral), Aayakar Bhavan , Opp. LB Stadium' Basheerba gh, Hyderabad, gana- 500 004 ry, Unio n of lndia, Department of Revenue' Ministry of Finance'

2. The Secreta (Cent Telan North Block, New De thi 1 10001 KSHITH K TA, SE

3. On e CC to SRI PARI 4. One CC to M/s. 5. One CC to SRI rNDIA [oPUC] 6. Two CD Copies UTUR, Advocate t NIOR SC FOR I D [oPUCl T K.MAMA GADI PRAVEEN KUMAR, DY. S OLICITOR GENERAL OF OPUC] PSK. HIGH COURT DATED:0310412025 COMMON ORDER WP.Nos.9441 & 9304 of 2025 -.:=-- -:=:-.\- :,ii fi.e 5,.,i\ () t) it1 ir.r i 2025 ^\\ ,-,, \ r,tlll : ,'. . DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS \d

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