2010 (1) TMI 657 - HC - Income Tax

Appeal to High Court - The prayer sought for by the petitioners in the present writ petitions is for a larger relief - The learned counsel appearing on behalf of the petitioners has submitted that it would suffice, if the Appeals,are directed to be disposed of by the second respondent, on merits, within a specified period - no objection for such an order being passed by this Court - Hence, the petitioner has been allowed to be in possesion of the land in question, till date, the petitioner is permitted to make a representation to the first respondent, with regard to the reliefs sought for in the present writ petition - Thus, the writ petition is disposed of

Summary

Issues:
1. Representation by petitioner to first respondent for reliefs sought in writ petition.
2. Permission for petitioner to possess land.
3. Directions for first respondent to dispose of representation within specified period.

Representation by petitioner to first respondent for reliefs sought in writ petition:
The judgment begins with the learned Senior counsel for the petitioner submitting that the petitioner should be allowed to make a representation to the first respondent regarding the reliefs sought in the writ petition. The petitioner requests that the first respondent be directed to dispose of the representation on its merits and in accordance with the law within a specified period. The counsels for the respondents do not object to this request. Consequently, the court permits the petitioner to make the representation within ten days and directs the first respondent to dispose of it within eight weeks thereafter. The writ petition is disposed of with these directions.

Permission for petitioner to possess land:
The judgment mentions that the petitioner has been allowed to be in possession of the land in question until the date of the hearing. This fact is considered in the decision to allow the petitioner to make a representation to the first respondent. The court does not provide further details regarding the possession of the land or any conditions attached to it.

Directions for first respondent to dispose of representation within specified period:
In light of the submissions by the petitioner's counsel and the respondents' counsels, the court issues directions for the first respondent to consider the representation made by the petitioner within a specified period. The first respondent is directed to dispose of the representation on its merits and in accordance with the law within eight weeks from the date of receipt. The judgment concludes by stating that the writ petition is disposed of with the given directions, and no costs are awarded. Additionally, it is mentioned that the connected writ petition miscellaneous petition is closed as a consequence of this decision.