Income Tax Case

IN THE HIGH COURT OF JUDICATURE AT PATNALetters Patent Appeal No.1083 of 2012 In Civil Writ Jurisdiction Case No. 13060 of 2011 With Interlocutory Application No. 4800 of 2012 In Letters Patent Appeal No.1083 of 2012 ====================================================== Chief Commissioner of Income Tax (Cadre Controlling Authority) Patna, R/o 6, Bailey Road, Patna ... .... Appellant/s Versus 1. The Chief Secretary, State of Bihar 2. The Secretary Building Construction Department, Government of Bihar 3. The Estate Officer, Building Construction Department, Government of Bihar .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Vinod Kanth, Sr. Adv, Mr. Harshwardhan Prasad & Mrs. Archana Sinha, Advocates. For the Respondent/s : Mr. Lalit Kishore, AAG I Mr. J.S Arora, SC 6 Mr. Vikash Kumar & Mr. Girijesh Kumar, AC to AAG 1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Feeling aggrieved by the order dated 26[th] March 2012 passed by the learned single Judge in C.W.J.C o. 13060 of 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. 9 04-12-2012 The matter at issue is the occupation of Bungalow No. 6, Bailey Road, Patna by the petitioner-the Chief Commissioner of Income Tax, Patna in his official capacity of Chief Commissioner of Income Tax. According to the State Government, the said Bungalow is of the ownership of the State Government. The State Government intends to set up a Museum on the land on part of which the said Bungalow is constructed. The State Government has, therefore, under notice dated 19[th] July 2011, called upon the appellant to shift his residence to Bungalow No. 26, Harding Road, Patna. It is the said notice which is the subject matter of dispute. Learned counsel Mr. Binod Kumar Kanth has appeared for the appellant. He has submitted that the Government of India is the owner of the said Bungalow and that the State Government cannot call upon the writ petitioner to vacate the said Bungalow. After several rounds of discussion on several days; the appellant has now agreed to shift his residence to the Bungalow No. 5-M Strand Road, Patna provided; due repairs are made or the State Government pays a sum of Rs. 25 lakhs to carry out the necessary repairs, before the appellant can shift to the said Bungalow No. 5-M Strand Road, Patna. Learned Additional Advocate General Mr. Lalit Kishore has submitted that the State Government will release sum of Rs. 25 lakhs provided the appellant agrees to vacate the Bungalow No. 6, Bailey Road, within one month from today. On the facts and in the circumstances, in our opinion, the dispute can be resolved in the following manner. The State Government will release the fund of Rs. 25 lakhs in favour of the appellant-Chief Commissioner, Income Tax, Patna and will hand over the possession of Bungalow No. 5-M, Strand Road, Patna to the appellant Chief Commissioner of Income Tax, Patna within one week from today. Prakash/- The appellant-Chief Commissioner of Income Tax, Patna will carry out the necessary repairs as quickly as possible. In any event the appellant will hand over the vacant possession of the Bungalow No. 6, Bailey Road, Patna to the State Government latest by 31[st] March 2013. Subject to the above directions, the Appeal is disposed of. We clarify that we have not examined the question of ownership of the Bungalow No. 6, Bailey Road, Patna. (R.M. Doshit, CJ) (Ahsanuddin Amanullah, J)