Wp/16946/2004 Of Smt.thohida Sultana v. The Income Tax Officer

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 16946 of 2004 Between: Smt.Thohida Sultana, W/o.Abdul Saleem, R/o.D.No.44-1-25/4, Near Ramgopal Theatre, Gunadala, Vijayawada. AND ..... PETITIONER 1 The Income Tax officer, Ward-2(1), Vijayawada. 2 The Additional Commissioenr of Income Tax, Range-2, Vijayawada. 3 The Tax Recovery officer-2, Vijayawada. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue an appropriate order or direction more particularly one in nature of writ ofmandamus declaring that the order of the first respondent in proceedings F.No.45R-2/2004-05 dated 25-06-2004 and the consequential orders of attachment ofimmovable property vide from ITCP.16 in R.C.No.106/TRO-2/VJA/ 2004-05 dated 7-9-2004 as illegal, arbitrary, without jurisdiction and is in violation of principles ofnatural justice and to set-aside the same and pass. Counsel for the Petitioner: MR.P.R.PRASAD Counsel for the Respondents: MR.J.V.PRASAD , SC for Income Tax The Court at the admission stage made the following : HON’BLE MR. JUSTICE BILAL NAZKI AND HON’BLE MR. JUSTICE S. ANANDA REDDY W.P.NO. 16946 OF 2004 ORDER: (Per Hon’ble Mr. Justice Bilal Nazki) Heard learned counsel for the parties and with their consent thewrit petition is disposed of at this stage. Pending appeal no order was passed for staying of therecovery of the disputed amounts, therefore the petitioner filed a writpetition. During the pendency of the writ petition, the respondentspassed an order on 16.12.2003 granting stay till further orders.Thereafter the petitioner withdrew the writ petition filed in this court,but surprisingly on 25.6.2004 the respondents passed the impugnedorder. No reasons have been given in the order vacating the stay. In these circumstances, the impugned order cannot sustain andis quashed and the writ petition is allowed. Since the appeal is pending, the respondents are directed todispose of the appeal within a period of two months from the date of receipt of a copy of this order. Till the disposal of the appeal thereshall be stay of recovery of the disputed amounts. No costs. _______BN J._______SAR J.Dt. 4.10.2004KRSd/-ASST. REGISTRAR//True Copy//Section Officer To 1 The Income Tax officer, Ward-2(1), Vijayawada.2 The Additional Commissioenr of Income Tax, Range-2, Vijayawada.3 The Tax Recovery officer-2, Vijayawada4. 2CCs toMr. J.V. Prasad, Standing Counsel for Income Tax, High Court Buildings,Hyd. (out) 5. 2 CD copies