✦ High Court of India · 26 Aug 2025

The High Court · 2025

Case Details High Court of India · 26 Aug 2025
Court
High Court of India
Decided
26 Aug 2025
Length
1,696 words

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 direct the official respondents herein to file all consequential orders passed in all the appeals filed by the members of the second petitioner herein after serving copies to the petitioners counsel, pending disposal of the W.P.No. 6424 of 2012. Counsel for the Petitioners : SRI DANTU SRINIVAS Counsel for the Respondent Nos.1 to 4 : SRI K.SUDHAKAR REDDY, LEARNED SENIOR STANDING COUNSEL FOR THE INCOME TAX DEPARTMENT Counsel for the Respondent No.5 : - w. P.N O: '194 OF 2016 Between:

1. Sb-Rookya Begum, D/o late Rajjab Jah Bahadur, aged 75 years, Housewife/Patient, R/o 3-5-786/521111, Qaim Manzil, King Koti, Hyderabad. 2. Mir Mahboob Ali Khan,, L.R of Sb.Asmathunnisa Begum, Aged 40 years, Occ Business, R/o King Koti, Hyderabad. .....PETITIONERS AND

1. The Chief Commissioner of lncome Tax-ll, l.T.Towers, A.C.Guards, Masab Tank, Hyderabad - 500 004.

2. The Commissioner of lncome Tax - 7, l.T.Towers, A.c.Guards, Masab Tank, Hyderabad - 500 004.

3. The Additional Commissioner of lncome Tax, Ranga - 9, l.T. Towers, A.C.Guards, Masab Tank, Hyderabad - 500 004. a

4. The lncome Tax Officer, Ward 9(4), Room No. 247,2nd Floor, Masab Tank, Hyderabad - 500 004.

5. H.E.H. The Nizam's Jewellary Trust, Rep. by its Secretary, Single Mahal, Purani Haweli, Hyderabad.

6. State Bank of Hyderabad., Gunfoundry Branch, rep. t I its Branch Manager, Hyderabad. ..,..RESPONDENTS Petition Under Article 226 of the Constitution of I dia praying that in the circumstances stated in the affidavit filed therewith, I e High Court may be pleased to issue any appropriate Writ, order or direction r tre particularly a writ of mandamus and declare that respondents 1 to 4 have rtr powers under lncome Tax Act or Wealth Tax Act to attach the properties o he assess (Petitioners herein) as security for any future tax liability and continue he attachment for more than 20 years, when huge amount of refunds are due to | -. petitioners herein and others, and declare such altachment as illegal, arbitr;r y, contrary to law and violative of Articles 14 and 21 of the Constitution <' lndia and grant the consequential relief by directing the respondents 1 to 4 rerein to lift attachment over the said amount and issue any other appropriate wr t order or direction. LA.NO:4 OF 2016( WPMP. NO: 246 OF 2016) Petition Under Section 15'l CPC praying that in th r the affidavit filed in support of the petition, the High O, direct the respondent 1 to 4 herein to pay arrears of r above mentioned Fixed Deposit amount of Rs. 8.54 c continue to pay quarterly interest regularly to the petiti( r the above writ petition. l.A.NO:5 OF 2016 (WP MP.NO: 247 OF 20161 circumstances stated irr urt may be pleased to .tarterly interest on the ores till date and also ers pending disposal of Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High (),urt may be pleased to direct the respondents 1 to 4 to pass consequential/ rodification orders ancl finalize the matters as directed by this Honble Court in V/ p.No. 9103 of 2005 and l W.P.No. 44 of 2O06 based on the Xerox Copies of he orders filed by the Petitioners before them within one month pending cji,j osal of the above writ petition. t.A. NO: 7 OF 2016(WPMP. NO: 41710 0F 2016) Petition under section 151 cpc praying that in th€ circumstances stated in the affidavit filed in support of the petition, the High (l )urt may be pleased to direct the official respondents herein to file all consequential orders passed in all the cases(appeals) after serving copies to the petitioner's counsel, pending disposal of the writ petition. Counsel for the Petitioners : SRI DANTU SRINIVAS Counsel for the Respondent Nos.1 to 4 : SRI K.SUDHAKAR REDDY, LEARNED SENIOR STANDING COUNSEL FOR THE INCOME TAX DEPARTMENT Counsel for the Respondent No.5 : - The Court made the following COMMON ORDER a THE HONOURABLE SRI JUSTICE P.SAM KOSH'I AND TTIE HONOfIRABLE SRI JUSTICE ST]DDALA CHALAPAI" II RAO \,VRIT PET ITION Nos.643 4 of 2Ol2 and 194 of 20 I COMMON ORDER: (per Hon'bte Sri Justice P.Sam Kosny\) Heard Sri Dantu Srinivas, learned counsel for the I titioners; Sri K-sudhakar Reddy, learned Senior Standing Counsel for I e Income Tax Depaftment, for respondent Nos.l to 4' 'fhe substantial grievance of the petitioners in thcsc two writ

2. pctitioncrs rvas so lar as the Income Tax Authorities at i rhing the properties of the petitioners as security for future tax liabilitr 'foday, when the matters are taken-up for hearing' t tc lcarned

3. counsel for the petitioners as also the leamed Senior Stand t g Counsel for the Income Tax Department subrnitted that pending rv'i petitions' the account has been rcconriiled by the lncome Tax Dcpa tmcnt and after adjusting of the outstanding demand ol Rs'2'62'i9 754L' tho balance amount has been ortlercd to be released in favour ( I the II E'H' Nizam's Jewellery Trust.

4. Given the sai<l fact that after adjustment of t t ' aloresaid outstanding demand and the releasing of the amount to 11) Trust' the 2 very purpose of hling of the present writ petition stands redressed and they do not intend to pursue further the writ petitions.

5. In view of the same, these two Writ Petitions also stand disposed of. There shall be no order as to costs Consequently, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// Sd/-AJAYASREE ISTANT REGISTRAR SECTION OFFICER To rs, A-C.Guards, Masab Tank, HYderabad - 500 004' Hvderabad - 500 004. A.C.Guards, Masab Tank, Hyderabad - 500 004 , - Hyderabad - 500 004.

1. The Chief Commissioner of lncome Tax-ll' l-T 2. The Commissioner of lncome Tax - 7' l.T.Towers, A.c.Guards' Masab Tank, 3. ;fr;il;iil"al Commissioner of lncome Tax' Ranga - 9' I'T Towers' +. f nu income rax Officer, WaiO o1+1, Room No' 247 ' znd Floor' Masab Tank' s. ft" S""r"irty, H.E H. The Nizam's Jewellary Trust' Single Mahal' Purani o. in" air";t Manager, State Bank of Hyderabad'' Gunfoundry Branch' z. iie ntsistrnt Commissioner of lncome Tax' Circle 9 (1)' l'T' Towers' 8. One CC to SRI DANTU SRINIVAS, Advocate [oPUUl . ;. o;; aa to SRt K.SUDHAKAn neooY, LEARNED sENloR STANDING - COUf.rSeL FOR THE INCOME TAX DEPARTMENT' Advocate [OPUC] A.C.Guards, Masab Tank, HYderbad' Haweli, HYderabad. Hyderabad.

10.Two CD CoPies SA SB Ny t ta- HIGH COURT DATED:2610812025 COMMON ORDER WP.Nos.6434 OF 2012 AND 194of2016 ,;6f''i ,\\ l9 JAll ?t?b -t-. (_) \:'r. \ DISPOSING OF THE BOTH WRIT PETITIONS WITHOUT COSTS @" q I .t

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