Wp/76526/2013 Of Shivaganga Multipurpose Co-Operative Society v. The Director Of Income Tax (Inv)

Digitally signed byTHEJASKUMAR NLocation: HIGHCOURT OFKARNATAKA IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22 DAY OF AUGUST, 2024 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI -WRIT PETITION NO. 76526 OF 2013 (TIT) BETWEEN: SHIVAGANGA MULTIPURPOSE CO-OPERATIVE SOCIETY, KACHERI GALLI, SHAHAPUR, BELAGAVI, BY ITS CHAIRMAN, SMT. JYOTI RAMESH CHINDAK. …PETITIONER (BY SRI. SANGRAM.S.KULKARNI., ADVOCATE) AND: 1. THE DIRECTOR OF INCOME TAX (INV), BENGALURU. BENGALURU. 2. THE ASSISTANT DIRECTOR OF INCOME TAX (INV), OF INCOME TAX (INV), LAXMI COMPLEX, APMC ROAD, SADASHIVNAGAR, BELAGAVI. SADASHIVNAGAR, BELAGAVI. 3. THE COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE), C.R. BUILDING, (CENTRAL CIRCLE), C.R. BUILDING, INFANTRY ROAD, BENGALURU. 4. ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE), SARAF COMPOUND, KHANAPUR ROAD, TILAKWADI, BELAGAVI. (CENTRAL CIRCLE), SARAF COMPOUND, KHANAPUR ROAD, TILAKWADI, BELAGAVI. 5. INCOME TAX OFFICER (IAP)-12, LAXMI COMPLEX, APMC ROAD, SADASHIVANAGAR, BELAGAVI. 6. SURESH MOTILAL CHINDAK, JOSHI MALA, KHASBAG, BELAGAVI. AGE: 49 YEARS, R/O: SHIVAGANGA BUILDING, …RESPONDENTS (BY SRI. Y.V.RAVIRAJ., AND SRI. M.THIRUMALESH., ADVOCATES FOR R1-5; SRI. SHAKTIPRASAD., ADVOCATE FOR SRI. JAGADISH PATIL., ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Sangram S.Kulkarni., learned counsel for the petitioner, Sri.M.Thirumalesh., learned counsel for respondents 1 to 5 and Sri.Shaktiprasad., learned counsel on behalf of Sri.Jagadish Patil., for respondent No.6 have appeared in person. Sri.Y.V.Raviraj., learned counsel for respondents 1 to 5 has appeared through video conferencing. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing respondents 1 to 5 to release the F.D receipts and cash of Rupees Thirty-Four Lakh belonging to the petitioner Society seized by respondents 2 and 3. 3. Learned counsel for the respective parties urged several contentions. Heard the contentions and perused the Writ papers with utmost care. 4. Counsel Sri.Sangram S.Kulkarni., submits that a mandamus may be ordered directing respondents 1 to 5 to release the F.D receipts and cash to the petitioner society. Learned counsel for respondent No.6 submits that respondent No.6 will furnish a bank guarantee to the satisfaction of the authority within two weeks. Counsel Sri.Y.V.Raviraj., submits that once the authority receives the bank guarantee from the sixth respondent, respondents 1 to 5 would take appropriate steps to release the F.D receipts and cash to the petitioner. The oral submission made by learned counsel for the respective parties is placed on record. 5. Taking note of the submission made by learned counsel for the respective parties, the sixth respondent is directed to furnish bank guarantee to the satisfaction of the authority within two weeks from the date of receipt of the certified copy of this order. Upon the satisfaction of bank guarantee, respondents 1 to 5 are directed to take necessary steps to release the F.D receipts and cash of Rs.34,00,000/- (Rupees Thirty Four Lakh only) to the petitioner within four weeks thereon, in accordance with the law. 6. Accordingly, the Writ Petition is disposed of. TKN List No.: 3 Sl No.: 11 Sd/- (JYOTI MULIMANI) JUDGE