M/S Yashasvi Realsquare Private Limited v. Deputy Commissioner Of Income Tax, (Benami Prohibition),Rajasthan, Jaipur, Room

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 15051/2023 M/s Yashasvi Realsquare Private Limited, Having Its RegisteredOffice At - 203, Ganpati Plaza, M.I. Road Jaipur RJ 302001 InThrough Its Director - Mohan Lashkari. ----Petitioner Versus Deputy Commissioner Of Income Tax, (Benami Prohibition),Rajasthan, Jaipur, Room No. 335, NCR Building, Statue Circle,C-Scheme, Jaipur, Rajasthan ----Respondent For Petitioner(s) : Mr. Javed Khan Advocate.For Respondent(s): Mr. Siddharth Bapna Advocate. HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTAOrder 09/01/2024 1.Heard. 2.Learned counsel for the petitioner submits that the issue raisedin this petition has been decided by the Hon’ble Supreme Court inthe case of Union of India & Another Versus M/s. Ganpati DealcomPvt. Ltd., AIR 2022 SC 4558. 3.Learned counsel for the respondent, however, would submitthat though the Hon’ble Supreme Court has decided the issue in theaforesaid case, review petition has been filed which is pendingconsideration before the Hon’ble Supreme Court. 4.Learned counsel for the respondent, however, could not disputethat the order passed by the Hon’ble Supreme Court in Union ofIndia & Another Versus Ganpati Dealcom Pvt. Ltd. (Supra) remainsoperative and has not been decided so far. 5.In view of the above, this petition also deserves to be allowedand accordingly, the property in dispute being agricultural landcomprising in Khasra Nos.895 and 1054/895 situated at Village-Harwar, Tehsil - Amer, District – Jaipur deserves to be released. Letnecessary steps be taken to release the disputed property. 6.It is, however, made clear that the release will be subject tothe final order that may ultimately be passed by the Hon’bleSupreme Court in the pending review petition. 7.Writ petition, is accordingly, allowed. (SHUBHA MEHTA),J(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ SANJAY KUMAWAT-36