Wp/12011/2009 Of The Agricultural Market Committee v. The Income Tax Officer, Ward

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNETWO THOUSAND AND NINE PRESENTTHE HON'BLE THE CHIEF JUSTICEand THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12011 of 2009 Between: The Agricultural Market Committee Narasapuram, Rep. by itsSecretary West Godavari District. ..... PETITIONER AND 1 The Income Tax Officer, Ward No.1, Aayakar Bhavan, Palakol, West Godavari District. West Godavari District. 2 The Commissioner of Income-Tax (Appeals) Rajahmundry, East Godavari District. Godavari District. 3 The Sub Treasury Officer Narasapuram, West Godavari District. 4 State Bank of India, Narasapuram Branch, Narasapuram, West Godavari District. Godavari District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue Writ of Mandamus or an appropriate writ ordirection or order holding that the action of the 1st respondent inissuing notice dt. 09-06-2009 U/s 226 ( 3 ) of I.T.Act to the 4threspondent as illegal and arbitrary and without authority of law andcontrary to general principles applicable to garnishee proceedings andconsequently direct the 1st respondent to revoke and withdraw thenotice dt.09-06-2009. Counsel for the Petitioner: MR.K.MADHAVA REDDY (SC FORAGRL.MRKT.COMTTS) Counsel for Respondent Nos.1 and 2: MR.S.R.ASHOK Counsel for Respondent No.3: Government Pleader for Financeand Planning The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) The learned advocate for the petitioner seeks permission towithdraw the petition so as to enable the petitioner to make anapplication for interim stay before the appropriate authority. Permission is granted. The petition stands disposed of aswithdrawn with no order as to costs. ANIL R. DAVE, CJ 23[rd] June, 2009ksks RAMESH RANGANATHAN, J