Wp v. Income Tax Officer, Ward

THE HON’BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5753 of 2007 Dated:10.11.2010 Between: The Agricultural Market Committee,Mahabubnagar, Rep.by its Selection Grade Secretary. and …Petitioner The Income Tax Officer,Ward No.1, Mahabubnagar,Mahabubnagar District,And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAOANDTHE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.5753 of 2007 ORDER:(per Hon’ble Sri Justice V.V.S.Rao) The Agricultural Market Committee, Mahabubnagar (AMC), filedthe instant writ petition seeking a writ of mandamus declaring theaction of the first respondent, namely, Income Tax Officer, Ward No.1,Mababubnagar (ITO), in freezing an amount of Rs.3,45,649/- from theaccount of the petitioner AMC as illegal and arbitrary. This Court admitted the matter on 16.04.2007. When the matteris taken up for hearing, the Standing Counsel for AMC Sri K.Upender Reddy submits that impugned action has beenwithdrawn by the ITO after the petitioner AMC paid some amount. Healso submits that pursuant to the orders of the learned Income TaxAppellate Tribunal, the said amount has been refunded. The cause ofaction, therefore, does not survive as rightly pointed out by theStanding Counsel. The writ petition is accordingly dismissed as infructuous. No costs. 10.11.2010vs _______________(V.V.S.RAO, J) _____________________________(RAMESH RANGANATHAN, J)