Wtax/82/2017 Of Shiv Nath Gupta v. Commissioner Income Tax Allahabad Division Allahabad

Case :- WRIT TAX No. - 82 of 2017 Petitioner :- Shiv Nath Gupta Respondent :- Commissioner, Income Tax, Allahabad Division, AllahabadCounsel for Petitioner :- Rajesh GuptaCounsel for Respondent :- C.S.C.,Praveen Kumar Hon'ble Bharati Sapru,J.Hon'ble Neeraj Tiwari,J. Heard Shri Rajesh Gupta, learned counsel for the petitionerand Shri Praveen Kumar, learned counsel for the department. The present writ petition has been filed by the petitioner withthe below noted prayer:- "I. Issue a writ, order or direction in the nature of mandamus commanding and directing theCommissioner, Income Tax, Allahabad Division, Allahabad to release theF.D.Rs/securities/Cash of the petitioner within limited time. II. Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper inthe circumstances of the case to meet the ends of justice. III. Award the costs of this petition to the petitioner." A counter affidavit has been filed by the respondent in whichit has been stated that the substantial portion of the prayers asmade by the petitioner has already been granted to him. Thepetitioner now contends that some Kisan Vikas Patras(K.V.Ps) remain to be released to him. Since the major portionof the prayers have been granted earlier, we leave it open tothe petitioner to approach the respondent by giving specificdetail of what remains. In case the petitioner files a representation/application within aperiod of one month from today, the same shall be decidedwithin a period of three months thereafter after giving anopportunity of hearing to the petitioner. With the aforesaid observation, the writ petition standsdisposed of.