Wp/35306/2014 Of Mr Richard Paul v. The Income Tax Recovery Officer

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 Nos.3530635307/2014 (TIT) BETWEEN: 1.|MR. RICHARD PAUL. S/O MR. PRAKASH M AGED 43 YEARS RESIDING AT NO.1L1L2 FLOOR, BIM LAYOUT.2 FLOOR, BIM LAYOUT. 1 STAGE, VYSYA BANK COLONYBANGALORE-560 O59BANGALORE-560 O59 2 |MS. MARY CHRISTINAW/O MR. RICHARD PAUL|AGED 38 YEARS.RESIDING AT NO.115—2 FLOOR, BIM LAYOUT1 STAGE, VYSYA BANK COLONYBANGALORE-560 059... PETITIONERS|W/O MR. RICHARD PAUL|AGED 38 YEARS.RESIDING AT NO.115—2 FLOOR, BIM LAYOUT1 STAGE, VYSYA BANK COLONYBANGALORE-560 059... PETITIONERS| (BY SRI ARAVIND KAMATH K, ADVOCATE). AND: THE INCOME TAX RECOVERY OFFICER WARD 3(3), 4 FLOOR|UNITY BUILDING ANNEXMISSION ROAD, BANGALORE-560 O27| ~. RESPONDENT (BY SRI K.V. ARAVIND, SR. STANDING COUNSEL) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 27272OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE.ORDER DTD. 6.5.2013 IN FORM No.ITCP 16 IN NO.TRO-3/ITO-3(3)/2013-14 (ANN-E) ISSUED BY THE RESPONDENT HOLDING WP.Nos.35306-35307 /2014 THE SAME AS ARBITRARY AND UNREASONABLE BY ISSUING AJWRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER IN THE'NATURE OF A WRIT AND ETC. THESE WRIT PETLTIONS COMING ON FOR PRELIMINARY|HEARING IN ~B’ GROUP, THIS DAY, THE COURT MADE THE.FOLLOWING:ORDER H.G.RAMESH, J. (Oral): L.Learned counsel appearing for the respondent has filed a memo in Court today which reads as follows: @Tne respondent in the above matter respectfully|Submits that the amount certified in ITCP.No.16 dated6.5.2013 is satisfied by the first petitioner and henceITCP.NO.16 dated 6.5.2013 gets abated. It isSubmitted that the above statement is made witnoutprejudice CO.therightsOf thedepartment tO.initiate/continue with the proceeding initiated inrespect of the very same property for recovery of taxdue for other assessment years. Copy of ITCP-16dated 10.07.2014 issued to the petitioners is enclosedalong witn this memo and the same may kindly betaken on record in the interest of justice and equity.” 2.As could be seen from the above memo, the order of attacnment dated 06.05.2013 impugned in these writpetitions is no longer in force. In view of this, learnedcounsel appearing for the petitioners submits that no WP.Nos.35306-35307 /2014 further order is necessary in these writ petitions. The writ petitions are accordingly disposed of. BNS Petitions disposed of Sd/-. JUDGE|