Wp/14046/2013 Of G. Dhananjaya Naidu v. The Union Of India, Rep.by The Commissioner Of Income Tax

HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE MS JUSTICE G. ROHINI Writ Petition No.14046 of 2013--Date: 25062013 Between: G. Dhananjaya Naidu .. Petitioner AND The Union of India, represented by theCommissioner of Income Tax, Tirupathi Charge,Tirupathi and another .. Respondents HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE MS JUSTICE G. ROHINI Writ Petition No.14046 of 2013 ORDER: (per Hon’ble Ms. Justice G. Rohini) This writ petition is filed seeking a declaration that theaction of the 2[nd] respondent in issuing attachment order dated 13-12-2012 under Section 281 B of the Income Tax Act, 1961 isarbitrary and illegal. While issuing Rule Nisi, this Court by an order dated 30-04-2013 in WPMP.No.17154 of 2013 directed the respondents toconsider the petitioner’s application dated 08-01-2013 forsubstitution of the attached property and pass appropriate ordersin accordance with law. Now the counter affidavit has been filed by the 2[nd]respondent stating that in pursuance of the interim order dated 30-04-2013, the petitioner’s application has been considered and anorder has been passed on 28-05-2013. A copy of the said orderhas also been attached to the counter affidavit and the same hasbeen served on the learned counsel for the petitioner. In view offresh order came to be passed on 28-05-2013, the cause in thewrit petition does not survive and therefore, no further enquiry isnecessary in the present writ petition. Accordingly, the writ petition is disposed of leaving it opento the petitioner to challenge the order dated 28-05-2013 byworking out the appropriate remedy as available under law, if soadvised. As a sequel, Miscellaneous Petitions, if any, pending shallstand closed. __________________ K.J.SENGUPTA, CJ Date: 25-06-2013 _____________ G. ROHINI, J Ksn/Gsn