Wp/14818/2005 Of G. Venkateswarlu v. The Chief Commissioner Of Income Tax

THE HON’BLE SRI JUSTICE B. PRAKASH RAOAND THE HON’BLE SRI JUSTICE RAMESH RANGANATHANWRIT PETITION No. 14818 of 2005 Date: 15.06.2006 Between: JUDGMENT: (Per Hon’ble Sri Justice B. Prakash Rao) G. Venkateshwarlu. … Petitioner and 1. The Chief Commissioner of Income Tax, Andhra Pradesh,Hyderabad-1and two others. … Respondents. THE HON’BLE SRI JUSTICE B. PRAKASH RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN JUDGMENT: (Per Hon’ble Sri Justice B. Prakash Rao) Heard Sri J. Sudheer, learned Counsel appearing for thepetitioner and also Sri B. Narasimha Sarma, learned StandingCounsel appearing for the respondents and at their request themain writ petition itself is taken up for disposal. The petitioner herein filed this writ petition inter alia seekingto assail the orders of the Tribunal rejecting his application filedunder Section 19 of the A.P. Administrative Tribunal in O.A.No.1051 of 2004 dated 04.04.2005 and raises several groundsespecially on the aspect that in spite of the fact that he hasadduced substantial cases of evidence including the letters dated21.03.2001, 11.02.2002, 12.08.2003 and 19.11.2003 to support hiscase, however, the same was not properly considered and thesame was rejected. Having heard the Counsel on either side and also perusedthe material on record instead of going into the merits of the case,we deem it appropriate, in the interest of justice, to direct therespondent to consider the case of the petitioner afresh on thebasis of the said documents which are sought to be placedreliance and pass orders accordingly. The writ petition is accordingly disposed of permitting thepetitioner to file a fresh representation within a period of threeweeks from today along with the copies of those documents onwhich, the petitioner seeks to place reliance and the respondentshall consider the same and pass orders on merits in accordancewith law, within four weeks thereof, uninfluenced by any of thefindings given by the Tribunal in any of these proceedings. ____________________ B. PRAKASH RAO, J Date: 15.06.2006 ______________________________ RAMESH RANGANATHAN,J MRKR