Wp/18737/2015 Of M/S Shivalika Minerals v. The Deputy Commissioner Of Income Tax

shukla W.P. No.18737/2015 04.11.2015 Shri Mukesh Agrawal, Advocate for the petitioner.Shri Sanjay Lal, Advocate for the respondents. Heard counsel for the parties. For the nature of relief claimed, the question ofentertaining this petition does not arise. The petitioner is free to approach the concernedAuthority for expediting the hearing of stay application or themain matter; and until such request is rejected, there is nocause of action for the petitioner to maintain writ petitionpraying for direction against the Authority to expedite thehearing of the stay application. Our attention was invited to order dated 02.11.2015 inW.P.No.18741/2015. However, in absence of specificaverments in the writ petition that the petitioner madeunsuccessful attempt before the Authority to get the hearing ofstay application expedited, it is not possible for us to follow theobservations made in the aforesaid order. Instead, we disposeof this petition with liberty to petitioner to approach theconcerned Authority to expedite the hearing of stay applicationor main matter. Which we hope will be consideredappropriately. Petition disposed of accordingly. (A.M. Khanwilkar)Chief Justice (Sanjay Yadav) Judge