Wp/12983/2007 Of Nb. Firasat Ali Khan v. The Commissioner Of Income Tax, In Charge Of

HIGH COURT FOR THE STATE OF AT HYDERABAD(Special Original Jurisdiction) THURSDAY,THE NINETEENTH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE [P.SAM ] ANDTHE HONOURABLE SRI JUSTICE WRIT PETITION NO: 12983 [2OO7] Between: Nb. Firasat Ali Khan, aged about 64 [years, ][S/o. ][Nb. Sadat Jah ][Bahadur,]8-2-12011151C, Road No.2, Banjara [Hills, Hyderabad.] .PETITIONER AND 1The Commissioner of lncome Tax, [ln ][Charge ][of ] [the Nizams ][Circle,]lncome Tax Department, Hyderabad.lncome Tax Department, Hyderabad. 2The Joint Commissioner of lncome [Tax Range 9, lncome ][Tax ][Department']Hyderabad-Hyderabad- 2The Asst,. Commissioner of [lncome Tax, Circle ][9 ], [lncome ][tax ][Department,]Hyderabad.The Asst,. Commissioner of [lncome Tax, Circle ][9 ], [lncome ][tax ][Department,]Hyderabad. The Manager, State Bank of Hyderabad, [Gunfoundry, ][Hyderabad.] 4 HEH the Nizam's Jewellery Trust, Purani [Haveli, Hyderabad.] 5 ...RESPONDENTS Petition under Article 226 of the [Constitution ][of ][lndia ][praying ][that in ][the]circumstances stated in the affidavit [filed therewith, ][the ][High ][court ][may ][be ][pleased]to issue Writ in the nature of [lvtandamus ][or ][any ][other ][writ ][order ][or ][direction]declaring the action of the respondents [1 ][to ][3 in ][not releasing ][the ][quarterly ][interest]on the FD of Rs. 9.66 crores under [lien to Department ][as ][illegal, ][arbitrary' ][contrary]to law and violative of natural [justice ][and pass such ][other ][or further ][order ][as ][this]Hon',ble court may deem fit and [proper ][on ][the facts and ][in the circumstances of the]case and in the interest of [justice.] 1.A. NO: 1 OF 2007[(WPMP. ]NO:'16204[oF ][2007)] Petition under section 151 cPC [praying ][that in the ][circumstances stated ][in]the affidavit filed in support of the [petition, ][the ][High ][court ][may ][be ][pleased to direct]the respondents [.1 ]to 3 to release [the ][interest ][for ][two ][quarters ended on ][13-3-2007]and 13-6-2007 Counsel for the Petitioner: SRI Ms. AKANKSHA SINGH RE [)RESENTING ]SRl. MSHIVA KUMAR Counsel for the Respondent Nos.1 to 3: SRI K. SUDHAKAFI REDDY SC FORINCOME TAX Counsel for the Respondent NOS.4&5: --- The Court made the following: ORDER w* THE HON'BLE SRI JUSTICE [P.SAM KOSHY]ANDTHE HON'BLE SRI JUSTICE IIIRIT PETITION No.12983 [of2OO7] ORDER:fiter [Hon'ble ][Srt ][Justice P.Sam ][Koshy/] The instant Writ Petition has [been ][fiied ][seeking ][to ][issue a ][writ]of Mandamus or any other [writ; ][order ][or ][direction ][declaring ][the]action respondent Nos.1 to [3 ]in [not ][releasing ][the ][quarterly interest]on the FD of Rs.9.66 [crores ][under ][lien to ][Department, ][as illegal,]arbitrary and consequently to [direct ][respondent Nos.1 ][to ][3 ][to]release the interest for [the two quarters ][ended ][on ][13.03.2007 ][and]13.06.2007. Heard Ms.Akanksha Singh, [[learned ][counsel]][[counsel]] 2. Heard Ms.Akanksha Singh, [[learned ][counsel]][[counsel]]representing Sri M.Shiva [Kumar, ][learned counsel ][for ][the ][pelitioner]and Sri K.Sudhakar Reddy, [learned Standing ][Counsel ][for ][Income]Tax. 3. When the writ [petition ][came ][up for ][admission, ][learned]counsel requested to [tag ][this writ ][petition ][along ][with ][W.P No' ][1764]of 2006, which was [fried ]by [the ][Nizam's Jewellery Trust,]No.S [herein. ][However, ][it ][appears ][that ][the ][said ][writ]respondent petition i.e., W.P.No. 1764 [of ][2006 has ][been ][withdrawn ][by ][the ][Trust]uid-e order , dated [28.06 ][.2023 ]. [In the ][light ][of ][withdrawal ][of ][said ][writ]petition, it appears -11 ,n. [grievance ][of the ][petitioner ][therein,] Heard Ms.Akanksha Singh, [[learned ][counsel]][[counsel]] 2. Heard Ms.Akanksha Singh, [[learned ][counsel]][[counsel]]representing Sri M.Shiva [Kumar, ][learned counsel ][for ][the ][pelitioner]and Sri K.Sudhakar Reddy, [learned Standing ][Counsel ][for ][Income]Tax. 3. When the writ [petition ][came ][up for ][admission, ][learned]counsel requested to [tag ][this writ ][petition ][along ][with ][W.P No' ][1764]of 2006, which was [fried ]by [the ][Nizam's Jewellery Trust,]No.S [herein. ][However, ][it ][appears ][that ][the ][said ][writ]respondent petition i.e., W.P.No. 1764 [of ][2006 has ][been ][withdrawn ][by ][the ][Trust]uid-e order , dated [28.06 ][.2023 ]. [In the ][light ][of ][withdrawal ][of ][said ][writ]petition, it appears -11 ,n. [grievance ][of the ][petitioner ][therein,] which is part of the petitioner herein, the writ pelition is no longersurvives. In the teeth of withdrawal of said writ petition, we are ofthe considered opinion that nothing would survive in the instantwrit petition as well, more particularly in the light of counter-affidavit filed by respondent No.3, wherein they ha,,e stated that thepetitioner has not approached the Income lax Departmentventilating his grievance. 4. Thr-rs, this Writ Petition is also stands disposed ofreserving the right of the petitioner to avail the other appropriatelegal remedies. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petitionshall stand closed.Sd/. A.H.S. ASSISTANT .t//TRUE COPY//secttbu oFFlcER To, The Commissioner [of ][lncome Tax, ][in ][Charge ][of' ] [the ][Nizams ][Circle'']lncome Tax Department, Tax Department, Department, [[HYderabad']]lncome Tax Department, Tax Department, Department, [[HYderabad']] 1lncome Tax Department, Tax Department, Department, [[HYderabad']]lncome Tax Department, Tax Department, Department, [[HYderabad']]2The Joint Commissioner [of lncome ][Tax ][Range ][9, ][lnconre ][Tax ][Department,]Hyderabad.Hyderabad.3The Asst,. [Commissioner of lncome ][Tax, ][Circle ][9 ]' [lncome tax Department']Hyderabad.Hyderabad. The [r,4anager, [State ][Bank ][of Hyderabad, Gunfoundry' ][h{yderabad'] 4 HEH the Nizam's [Jewellery ][Trust, ][Purani Haveli, Hyderabad'] 5 One CC to [SRl. M SHIVA KUMAR Advocate ] 67.7. One CC to SRI [K. ] [ Two CD CoPies 8. KKSPVL1/PVL1/ HIGH COURT DATED:1 910612025 -2,1 ,. [- ]1_::'./,4 [:\': ]-: i'. -,,:i./,': [\]ORDER10 Sicp tttsWP.No.12983 of 2007\r', DISPOSING THE WRIT PETITIONWITHOUT COSTS /0 4,rt-/t5;_ [/,] a .,