Ashok Kumar Sharma v. Commissioner Of Income Tax)21/07/2015

WP 1880/2015 (Ashok Kumar Sharma Vs. Commissioner of Income Tax)21/07/2015 Shri RS Dhakad, learned counsel for thepetitioner. Shri DPS Bhadoriya, learned counsel for therespondents. Heard. On behalf of the petitioner, this petition ispreferred under Article 226 of the Constitution of Indiafor issuance of appropriate relief against theauthorities of the respondents for the followingreliefs : (i)that, the respondents be directedto return the seized money to the tuneof Rs.58,00,000/- (Fifty eight lacs)received from the police authorities(who seized on 8/11/2013) withinterest @ Rs.18% P.A. (ii)Alternatively, the respondents bedirected to decide the applicationdated 3-12-2014 (marked as AnnexureP/8) as early as possible afterproviding an opportunity of hearing tothe petitioner preferably within aperiod of one month). In the course of arguments on admission,petitioner's counsel fairly states that, at this stage, hedoes not want to press aforesaid relief of Clause 7(i) 2 WP 1880/2015 and till such extent, he prays to withdraw this petition andprays to dispose of this petition in the light of theaforesaid relief of Clause 7(ii) with a direction to theauthorities of the respondents to consider and decide hisapplication dated 3/12/2014 ( Annexure P/8 ) filed undersection 132 of the Income Tax Act on some early datewithin some time bound schedule. Respondents' counsel did not have any objection indisposing of this petition on the aforesaid limited prayerof the petitioner's counsel with a direction to theauthorities of the respondents to consider and decideaforesaid application of the petitioner within time which isfixed by this Court under its discretionary jurisdiction. In view of the aforesaid limited prayer of the petitioner's counsel, instead to admit or to issue anynotice to the other side, so also without expressing anyopinion on the merits of the matter, this petition isdisposed of with a direction to the authority of respondentNo.2 to consider and decide aforesaid pending applicationof the petitioner dated 3/12/2014 ( Annexure P/8 )keeping in view concerning rules, regulations, provisions,notifications and circulars promulgated in this regard, soalso after extending opportunity of hearing to thepetitioner, within stipulated period prescribed under the ppg 3 WP 1880/2015 concerning provision and, if such period is not prescribedunder the law, then the same be considered and decidedwithin sixty days from the date of filing certified copy ofthis order along with copy of the petition and annexureson behalf of the petitioner in the office of respondentNo.2. Petitioner is directed to submit aforesaid papers inthe office of such authority within fifteen days from today. There shall be no order as to costs.Certified copy. (U.C.Maheshwari) Judge (B.D.Rathi) Judge