Allowed

Ram Singh Meena S/O Sh. Ram Karan Meena v. Assistant Commissioner of Income Tax

Rajasthan HC19 May 2023CW/1721/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition involving property confiscated under the Benami Transactions (Prohibition) Act. Relying on a Supreme Court order that remains operative despite a pending review, the court ordered the release of approximately 11.52 hectares of disputed land, subject to the final decision in the pending review.

What did the court decide?

Release of the disputed property comprising specific land portions in Village – Kukas, including interiors and fractions of various Khasra Nos.

Ram Singh Meena S/O Sh. Ram Karan Meena Vs Assistant… — Income Tax | Rajasthan HC (2023)

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[2023/RJJP/011438]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No.1721/2023

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Ram Singh Meena S/o Sh. Ram Karan Meena, Aged About 53 Years, R/o Village And Post- Mainpura, Tehsil And DistrictSawaimadhopur.

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----Petitioner

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Versus

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Assistant Commissioner Of Income Tax, (Benami Prohibition) And Initiating Officer, Under PBPT Act- 1988 For State Of Rajasthan, Jaipur, Room No. NA-103, New Central Revenue Building, Statue Circle, C-Scheme, Jaipur - 302001.

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Deputy Commissioner Of Income Tax (Benami Prohibition), Jaipur, Room No. 250, New Central Revenue Building, Statue Circle, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Javed Khan, Advocate For Respondent(s) : Mr. Siddharth Bapna, Advocate

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HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

19/05/2023

Heard.

Learned counsel for the petitioner submits that the issue raised in this petition has been decided by the Hon’ble Supreme Court in the case of Union of India & Another Versus M/S.

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Ganpati Dealcom Pvt. Ltd., AIR 2022 SC 4558 .

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Learned counsel for the respondents, however, would submit that though the Hon’ble Supreme Court has decided the issue in the aforesaid case, review petition has been filed which is pending consideration before the Hon’ble Supreme Court.

[2023/RJJP/011438]

[CW-1721/2023]

(2 of 2)

Learned counsel for the respondents, however, could not dispute that the order passed by the Hon’ble Supreme Court in

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Union of India & Another Versus M/S. Ganpati Dealcom Pvt.

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Ltd. (supra) remains operative and has not been decided so far.

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In view of the above, this petition also deserves to be allowed and accordingly, the property in dispute being “3074 hectares which is 1/3 part of Khasra No.653, 654, 655, 656, 657, 658/2340, 658/2341, 662, 664, 665, 652 (having total area of 1.68 hectare) and 1/5 part of Khasra Nos. 847/3, 853, 885/2, 886/2 (having total area of 4.56 hectare) and 1/9 part of Khasras No.869, 871, 872, 873, 874, 875, 876, 878, 879, 882, 1032, 1033, 1034, 1067, 1068, 1069, 1070, 1071, 1072, 1091, 1094, 1095, 1096, 1097, 867, 868 (having total area of 4.40 hectare) and 3474/8700 part of Khasra No.840 (having total area of 0.87 hectare) of Village – Kukas, Amer, Jaipur” deserves to be released. Let necessary steps be taken to release the disputed property.

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It is, however, made clear that the release will be subject to the final order that may ultimately be passed by the Hon’ble Supreme Court in the pending review petition.

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Writ petition is, accordingly, allowed.

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(ANIL KUMAR UPMAN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

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Karan/18

Ram Singh Meena S/O Sh. Ram Karan Meena v. Assistant Commissioner of Income Tax

Case brief

What is this about?

What did the court decide?

Ram Singh Meena S/O Sh. Ram Karan Meena v. Assistant Commissioner of Income Tax

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Cases cited

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