Wp/7111/2008 Of Medicare Educational Trust Rep. By Its Secretary v. The Dy. Director Of Income Tax Exemptions (Ii)

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRILTWO THOUSAND AND EIGHT PRESENTTHE HON'BLE MR JUSTICE B.PRAKASH RAOAnd THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.7111 of 2008 Between: Medicare Educational Trust rep. by its Secretary G.Sudhakar,Hunter Road, Hanumakonda, Warangal. ...PETITIONER AND 1 The Deputy Director of Income Tax Exemptions (II) Income Tax Department, Olympic Bhavan, Hyderabad. Department, Olympic Bhavan, Hyderabad. 2 The Director of Income Tax Exemptions Income Tax Department, Olympic Bhavan, Hyderabad. Olympic Bhavan, Hyderabad. 3 The Chief Manager, Andhra Bank, Fatima Nagar, Warangal. ...RESPONDENTS Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue writ in the nature of Mandamus or any otherwrit, order or direction declaring the action of the respondent 1 inissuing attachment notice dated 24.3.2008 under Section 226(3) of theIncome Tax Act, 1961 for recovery of Rs.12,21,48,413/- from out of thebank account of the Petitioner with the Respondent No.3 as illegal,arbitrary, contrary to law and violative of natural justice and pass suchother or further order as this Hon'ble Court may deem fit and proper onthe facts and in the circumstances of the case and in the interest ofjustice. Counsel for the Petitioner: MR.RAVINDRA CHENJI Counsel for the Respondents: MR.J.V.PRASAD (SC FOR INCOME TAX) The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.7111 of 2008 ORDER:(Per the Hon’ble Mr Justice B.Prakash Rao) Heard Sri Ravindra Chenji, learned counsel for the petitioner andSri J.V.Prasad, leanred Standing counsel for the respondents. At theirrequest, the Writ Petition itself is taken up for disposal. The petitioner herein sought for a Writ of Mandamus to declarethe action of the first respondent in issuing attachment notice dated24.03.2008 under Section 226 (3) of the Income Tax Act, 1961 forrecovery of Rs.12,21,48,413/- (Rupees twelve crore twenty one lakhforty eight thousand four hundred and thirteen only) from the BankAccount of the petitioner. Virtually, the petitioner is more aggrieved fornot granting stay pending the appeal before the Commissioner ofIncome Tax. Having heard on either side and on perusal of the materialavailable on record, we are of the view that conditional order has already been passed and we do not find any justification or any specificreason to show indulgence and hence, we do not find any merits in theWrit Petition. More so, all such questions can be gone into in theappeal. Accordingly, the Writ Petition is dismissed. The petitioner isgiven liberty to move appropriate application before the appellateauthority and the authority shall take up his case under Out-Of-Turnbasis. No costs. _________________ (B.PRAKASH RAO, J) __________________(C.Y.SOMAYAJULU, J) 4[th] April 2008 Note:CC by one weekB/ORRB