Wp/31713/2014 Of Shri Lakkanna Durgappa v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 21 DAY OF AUGUST 2014 BEFORE. THE HON’BLE MR.JUSTICE H.G.RAMESH "WRIT PETITION NO.31713/2014(TIT) BETWEEN: SHRI LAKKANNA DURGAPPA|AGED ABOUT 69 YEARSS/O. LATE SHRI DURGAPPA|SY NO.120/1, KODATHI GATE |MULLUR ROAD, OFF SARJAPURA MAIN ROADBENGALURU-560035. PETITIONER (BY SRI NARASIMHA PRASAD B.S, ADVOCATE) AND= 1.THE DEPUTY COMMISSIONEROF INCOME TAX CIRCLE-10(1)_UNITY BUILDING ANNEXEMISSION ROADBENGALURU -56002/7OF INCOME TAX CIRCLE-10(1)_UNITY BUILDING ANNEXEMISSION ROADBENGALURU -56002/7 2DTHE COMMISSIONER OF INCOME TAXBANGALORE-IVCENTRAL REVENUES BUILDINGQUEEN'S ROADBENGALURU-56000 1BANGALORE-IVCENTRAL REVENUES BUILDINGQUEEN'S ROADBENGALURU-56000 1 3.THE COMMISSIONER OFINCOME TAX (APPEALS)-V_HMT BHAWAN, NO.59BELLARY ROADBENGALURU -560032.~. RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THECONSTITUTION OF INDIA PRAYING TO DECLARE THE RECOVERY|PROCEEDINGS INITIATED BY THE R-1 THROUGH ISSUE OF NOTICES|UNDER SECTION 226(3) (i) OF THE ACT TO THE PETITIONERS|TENANTS AS ILLEGAL AND QUASH THE NOTICES, ENCLOSED TO)THIS PETITION AS ANNEXS-PL1L TO P9 THIS WRIT PETITION COMING ON FOR’ PRELIMINARYHEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER H.G.RAMESH, J. (Oral# Learned Counsel appearing for the petitioner, after|arguing the matter for sometime, submits that the writ)petition may be disposed of by directing the AppellateAuthority (respondent No.3) to dispose of the petitioner’s|application dated 21.04.2014 (Annexure-M) filed for interim.stay in the appeal (Annexure-L) filed against the assessment|order dated 27.03.2014 (Annexure-K). I find no_ legalimpediment to grant the prayer. Accordingly, the Appellate.Authority (respondent No.3) is directed to dispose of the.aforesaid application filed for interim stay in accordance with|law, expeditiously and in any event within four weeks from the.date of receipt of a copy of this order. The petitioner shallfurnish a copy of this order to the Appellate Authority to)enable it to take steps to dispose of the aforesaid application filed for interim stay within the time stipulated above. KSR| Petition disposed of. Sd/-. JUDGE