A writ petition challenging an income tax auction notice was closed without passing any order as the auction had already been cancelled by the Tax Recovery Officer prior to the hearing.
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IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI (Special Original Jurisdiction)
_.
THURSDAY, THE THIRTYFIRST DAY OF AUGUST TWO THOUSAND ANDTWENTY THREE
PRESENT
THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
AND
THE HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 6553 OF 2007
Between:
State Bank of India, Ramachandrapuram Branch, East Godavari District, represented by its Branch Manager, Mr.A.R.K.Patnaik, S/o. Sri Venkatrao Patnaik, Rio. Ramachandrapuram, East Godavari District, A.P.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the Auction notice issued by the 2' respondent dated 08-03-2007 issued in terms of Income .Tax published in 'EENADU' Telugu news paper dated 09-03-2007 putting the mortgage properties of in favour of the petitioner for auction slated to be held on 28-03-2007 and further postponed to 30-03-2007 for their alleged Income Tax dues is illegal, discriminatory, arbitrary and contrary to the Rules Income Tax (Certificate Proceedings) Rules, 1962 violation of statutory rights as also fundamental rights of the Constitution of India and violation of principles of natural justice.
I.A. NO: 1 OF 2007(WPMP. NO: 8381 OF 2007)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to
suspend the Auction Sale notice dated 08-03-2007 which was held to be on 28-032007 which was further postponed to 30-03-2007 by staying all further proceedings of the 2"d respondent the auction Sale Notice dated 08-03-2007 in the interest of justice, pending disposal of the main writ petition.
Counsel for the Petitioner: SRI N. ASHWANI KUMAR
Counsel for the Respondent No.1 : SRI N. HARINATH, Deputy Solicitor General
Counsel for the Respondent No.2 : SMT. M. KIRANMAYEE, SC FOR COMMERCIAL TAX
Counsel for the Respondent Nos.3 to 5: NONE APPEARED
The Court made the following: ORDER
HON'BLE SRI JUSTICEU.DURGA PRASAD RAO AND HON'BLE SNIT. JUSTICE VENKATAJYOTHIRMAI
PRATAPA
WRIT PETITION No.6553 of 2007
ORDER: (Per Hon'ble Sri Justice U.Durga Prasad Rao)
This writ petition is filed by the State BankofIndia, Ramachandrapuram, East Godavari District seeking to declare the auction notice issued by the 2nd respondent dated 08.03.2007 which was published in Eenadu Telugu news paper dated 09.03.2007 putting the mortgage properties in favour of the petitioner for auction slated to be held on 28.03.2007 and further postponed to 30.03.2007 for their alleged income tax dues as illegal, arbitrary and for a consequential directions.
"The proposed auction of the immovable properties in the case of M/s Katuri Chinarama Rao and others,
Ramachandrapuram, East Godavari District scheduled at 1 1 AM on 30.03.2007 at O/0 Tax Recovery Officer, I.T. Office, 3'd Floor, Deepthi Towers, Main Road, Kakinada stands CANCELLED."
respondent herein was cancelled. In that view, both the learned counsel would submit that no further orders need to be passed in the
present writ petition and the writ petition may be closed.
No costs. As a sequel, interlocutory applications pending, if any, in
this case shall stand closed.
Sd/- N. NAGAMMA ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
HIGH COURT
DATED:31/08/2023
ORDER
WP.No.6553 of 2007
CLOSING THE W.P. WITHOUT COSTS
1 provisions across 1 enactments
State Bank of India
Union of India
Tax Recovery Officer, Income Tax Department, 31d Floor, Deepthi Towers, Main Road, Kakinada
Katuri China Rama Rao
Smt. Katuri Veeramani
Katuri Srinivasa Choudhary
U. Durga Prasad Rao
Venkata Jyothirmai Pratapa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
