Disposed

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

Rajasthan HC8 Dec 2023CW/1727/2023

Case brief

AI extract

What is this about?

This petition was disposed of by the High Court of Rajasthan. Property in dispute was released only at the instance of petitioner No.1, subject to the final order of the pending review petition in the Supreme Court.

What did the court decide?

Property in dispute (1/4th part of Khasra Nos.833/2361, 846, 848, 849 and 1/12th part of Khasra No. 832, Village Kukas) to be released, subject to the pending review proceedings in the Supreme Court.

Ram Singh Meena S/O Sh. Ram Karan Meena Vs Assistant… — Property and Title | Rajasthan HC (2023)

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[2023:RJ-JP:38640-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 1727/2023

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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 District- Sawaimadhopur.

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M/s Amigo Hotels, Having Its Office At - 409-413, 4Th Flor, Arcade, K-12, Malviya Marg, C-Schme, Jaipur - 302003 Through Its Partner Ram Babu Agarwal.

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----Petitioners

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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 with Mr. Palash Gupta and Mr. Jaideep Malik For Respondent(s) : Mr. Siddharth Bapna

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HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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08/12/2023

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It is submitted by learned counsel for the petitioners that the issue raised in the present petition has been decided by the

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[2023:RJ-JP:38640-DB]

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[CW-1727/2023]

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(2 of 3)

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Hon’ble Supreme Court in the case of Union of India and Anr. Vs. M/s Ganpati Dealcom Pvt. Ltd. : AIR 2002 SC 4558.

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Learned counsel for the respondents made submissions that the petitioner No.1 may be entitled to seek a relief from this Court on account of the fact that Hon’ble Supreme Court in the case of M/s Ganpati Dealcom Pvt. Ltd. (supra) has been laid down that the amended provisions are not retrospective. However, petitioner No.2 is not entitled to seek any relief from this Court.

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Further submissions have been made that review petition in respect of the said judgments in the case of M/s Ganpati Dealcom Pvt. Ltd. (supra) is pending consideration before the Hon’ble Supreme Court. However, it is not disputed that the issue raised is covered by the order passed in the case of M/s Ganpati Dealcom Pvt. Ltd. (supra).

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Learned counsel for the petitioner made submissions that in so far as the petitioner No.2 is concerned, he was impleaded as a party, as in the order impugned, he was also shown as one of the parties. However, the petitioner No.2 in its capacity as petitioner is not claiming any relief.

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In view of above, the present petition is disposed of. 6. The property in dispute being 1/4th part of Khasra No.833/2361, 846, 848, 849 [having total area of 0.48 hectare] and 1/12th part of Khasra No. 832 [having total area of 0.05 hectare] Village – Kukas, Amer, Jaipur be released. Necessary steps be taken to release the disputed property.

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However, it is made clear that the said order is only at the instance of the petitioner No.1 and the release of the property will

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[2023:RJ-JP:38640-DB]

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[CW-1727/2023]

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(3 of 3)

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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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(ASHUTOSH KUMAR),J

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(ARUN BHANSALI),J

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AARZOO ARORA /TANISHA/ 74

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?

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