Wp/2437/2005 Of M/S. M.a. Jabbar And Company v. The Commissioner Of Income Tax (Vi)

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF FEBRUARYTWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE M.H.S. ANSARI AND THE HON'BLE MR JUSTICE T.CH.SURYA RAO WRIT PETITION NO : 2437 of 2005 Between: M/s. M.A. Jabbar & Company, Rep. by its Partner, Mohd. Abdul Ravoof, s/o. Late M.A. Jabbar, age 36 Years, R/o. 12-2-831/1, Flat No. 402, Peace Plaza, Mehdipatnam, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Income Tax (VI), Gagan Vihar, Hyderabad. 2 The Income Tax Officer, Ward-7 (1), Gagan Vihar, Hyderabad. .....RESPONDENTS 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 any writ order or direction more particularly one in the nature of Writ ofMandamus directing the 1st respondent to issue necessary orders permitting thepetitioner to pay the tax under kar Vivad Samidhan Scheme, 1998 (KVSS) and topass such other order or orders as this Hon'ble Court may deem fit and proper in thecircumstances of the case. Counsel for the Petitioner:MR.DANTU.SRINIVAS Counsel for the Respondent No.: MR.B.NARASIMHA SARMA (N.A.) The Court made the following : ORDER: (Per MHSA,J) Having heard the learned counsel for the petitioner, we are of the view thatwithout going into the merits of the contentions raised, the writ petition is liableto be dismissed on the ground of delay and laches. It is seen from the Annexure at page 22 being a letter addressed to thepetitioner by the Income Tax Officer dated 16.11.2001 that the application filedby the petitioner under Kar Vivad Samadhan Scheme has been rejected. It isfurther stated that the rejection was already intimated to the petitioner videletter dated 05.01.2000. It is further stated that a copy of the said rejectionletter is enclosed. Reckoned from that date viz. 16.11.2001, the writ petition filed in this case in2005, in our view, suffers from delay and laches. In the affidavit filed in supportof the instant writ petition, no explanation has been offered for the inordinatedelay in filing the writ petition against the order of rejection passed as far as back in the year 2000 and even if we accept that the same came to theknowledge of the petitioner only on 16.11.2001, the writ petition suffers fromdelay and laches. On this short ground, the writ petition is dismissed at thestage of admission. ________________ M.H.S.ANSARI, J. 22 FEBRUARY, 2005. ___________________ T.CH.SURYA RAO, J. VGSR. To 1 The Commissioner of Income Tax (VI), Gagan Vihar, Hyderabad. 2 The Income Tax Officer, Ward-7 (1), Gagan Vihar, Hyderabad. 3 2 CD copies. 4 1 CC to Mr.Dantu Srinivas, Advocate (OPUC). 5 1 CC to MR.B.Narasimha Sarma, Advocate (OPUC).