Ram Singh Meena v. Deputy Commissioner Of Income Tax (Benamiprohibition), Jaipur, Room

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No.1721/2023 Ram Singh Meena S/o Sh. Ram Karan Meena, Aged About 53Years, R/o Village And Post- Mainpura, Tehsil And District-Sawaimadhopur. ----Petitioner Versus 1. Assistant Commissioner Of Income Tax, (BenamiProhibition) And Initiating Officer, Under PBPT Act- 1988For State Of Rajasthan, Jaipur, Room No. NA-103, NewCentral Revenue Building, Statue Circle, C-Scheme, Jaipur- 302001.Prohibition) And Initiating Officer, Under PBPT Act- 1988For State Of Rajasthan, Jaipur, Room No. NA-103, NewCentral Revenue Building, Statue Circle, C-Scheme, Jaipur- 302001. 2. Deputy Commissioner Of Income Tax (BenamiProhibition), Jaipur, Room No. 250, New Central RevenueBuilding, Statue Circle, Jaipur.Prohibition), Jaipur, Room No. 250, New Central RevenueBuilding, Statue Circle, Jaipur. ----Respondents 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 MR. JUSTICE ANIL KUMAR UPMAN Order 19/05/2023 Heard. Learned counsel for the petitioner submits that the issueraised in this petition has been decided by the Hon’ble SupremeCourt in the case of Union of India & Another Versus M/S.Ganpati Dealcom Pvt. Ltd., AIR 2022 SC 4558. Learned counsel for the respondents, however, would submitthat though the Hon’ble Supreme Court has decided the issue inthe aforesaid case, review petition has been filed which is pendingconsideration before the Hon’ble Supreme Court. Learned counsel for the respondents, however, could notdispute that the order passed by the Hon’ble Supreme Court inUnion of India & Another Versus M/S. Ganpati Dealcom Pvt. Ltd. (supra)remains operative and has not been decided so far. In view of the above, this petition also deserves to beallowed and accordingly, the property in dispute being “3074hectares which is 1/3 part of Khasra No.653, 654, 655, 656, 657,658/2340, 658/2341, 662, 664, 665, 652 (having total area of1.68 hectare) and 1/5 part of Khasra Nos. 847/3, 853, 885/2,886/2 (having total area of 4.56 hectare) and 1/9 part of KhasrasNo.869, 871, 872, 873, 874, 875, 876, 878, 879, 882, 1032,1033, 1034, 1067, 1068, 1069, 1070, 1071, 1072, 1091, 1094,1095, 1096, 1097, 867, 868 (having total area of 4.40 hectare)and 3474/8700 part of Khasra No.840 (having total area of 0.87hectare) of Village – Kukas, Amer, Jaipur” deserves to be released.Let necessary steps be taken to release the disputed property. 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. Writ petition is, accordingly, allowed. (ANIL KUMAR UPMAN),J(MANINDRA MOHAN SHRIVASTAVA),ACTING CJKaran/18