9911796707
TMI Blog2021 (2) TMI 313X X X X Extracts X X X X X X X X Extracts X X X X ..... t inclined to go into the several contentions advanced in the Writ Petition and conduct a parallel enquiry to that which would happen in the civil suit when it would go to trial. On the basis of the material placed before this Court by the petitioners, i.e., copies of complaints made by counsel for petitioners, plaint in O.S.No.26 of 2020 and copies of the sale deeds referred to above, no adverse inference can be drawn against respondent nos.3 to 5 of any collusion with respondent nos.6 to 15 at all. We are also of the opinion that aspersions cannot be cast on officers of Government Departments solely on the basis of suspicions and assumptions of the petitioners tarnishing their reputation. There are several disputed questions of fact which would arise for consideration in the suit filed by the petitioners against 350 defendants including respondent nos. 6 to 15 herein. Petitioners want to buttress their pleadings in the suit by extracting information from the Income Tax authorities regarding respondent nos. 6 to 15 who are opponents of petitioners by filing the instant Writ Petition; and also wish to use the forum of the High Court to probably coerce the respondent nos.6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Even before filing this Writ Petition, the petitioners had instituted a Civil Suit O.S.No.26 of 2020 on the file of IX Additional District Judge - cum - Commercial Court, Sangareddy against respondent nos.6 to 14 and others for partition of certain land admeasuring Acs.87.26 gts. in Kollur village, Ramachandrapuram Mandal of Sangareddy District (formerly Medak District) ( suit schedule property) and for separate possession of their specific share in proportion to what is mentioned in their respective sale deeds 5. We shall briefly touch upon the case of the petitioners in the Civil Suit O.S.No.26 of 2020 filed by them against the respondent nos.6 to 15 and others. 6. (a) The petitioners contend that they had purchased certain plots admeasuring 666 Sq. yds each in the property which is described in the suit schedule from one R.R. Madhusudan Reddy (1st defendant in the said suit) under registered Sale Deeds executed in the year 1984, but contend that in the absence of a lay-out sanctioned either by the Gram Panchayat or by the Director, Town and Country Planning or by the Hyderabad Urban Development Authority (presently Hyderabad Metropolitan Development Authority), it is impos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .10 to 350 under six Sale Deeds executed in the year 2005; and it is impossible for the 2nd defendant to do so by generating total sale consideration of ₹ 46,32,750/- plus Registration and Stamp duty charges as its share capital was only ₹ 9,00,630/-; and it is contended that these documents are also 'benami transactions', and entries in the 2nd defendant's Books and Income Tax Returns are all fictitious entries. (g) It is further contended that the 2nd defendant illegally sold a portion of the suit schedule land to the 3rd defendant, M/s. P.L. Computers (10th respondent in the Writ Petition) under registered Sale Deed dt.29.03.2005 for ₹ 23,62,500/-; and the 3rd defendant / 10th respondent had sold portions of the same to the 4th defendant, viz., M/s. Avani Meadows (P) Ltd. (12th respondent in the Writ Petition) under registered Sale deed dt.23.11.2016 and dt.14.06.2017 for ₹ 3,95,20,000/-; and the 4th defendant in turn sold a portion of the land purchased by it to the 5th defendant i.e., Asif Ali Baig (15th respondent in the Writ Petition) vide registered Sale Deed dt.03.08.2017. It is contended that all these documents are 'benami trans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le stands allegedly being taken by the respondent nos.4 and 5 cannot be accepted by giving certain explanations for them. 12. Therefore, they seek the reliefs mentioned supra against respondent nos.1 to 5. 13. Sri Rakesh Sanghi, Counsel for petitioners, emphasized that persons who indulged in benami transactions/money laundering and evasion of income tax like respondent nos.6 to 15 cannot be allowed to go scot-free and escape the consequences of the statutes such as Act 45 of 1988, the Income Tax Act, 1961 and the Prevention of Money Laundering Act, 2002; and this Court, by granting the above reliefs sought in the Writ Petition, should ensure that Rule of Law prevails. He also cited several decisions including the decision in Vineet Narain (1 supra) for the above contention. He also relied on the decision of the Supreme Court in National Institute of Mental Health and Neuro Sciences vs. C. Parameswara (2005) 2 SCC 256 to contend that merely because a civil suit is pending, a party is not precluded from instituting a Writ Petition on the same issue. 14. We have noted the above submissions. 15. While we do not wish to comment on the merits of the pleadings of petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate expectation of early justice. It is a travesty of justice for the resources of the legal system to be consumed by an avalanche of misdirected petitions purportedly filed in the public interest which, upon due scrutiny, are found to promote a personal, business or political agenda. This has spawned an industry of vested interests in litigation. There is a grave danger that if this state of affairs is allowed to continue, it would seriously denude the efficacy of the judicial system by detracting from the ability of the court to devote its time and resources to cases which legitimately require attention. Worse still, such petitions pose a grave danger to the credibility of the judicial process. This has the propensity of endangering the credibility of other institutions and undermining public faith in democracy and the rule of law. This will happen when the agency of the court is utilised to settle extra-judicial scores. Business rivalries have to be resolved in a competitive market for goods and services. Political rivalries have to be resolved in the great hall of democracy when the electorate votes its representatives in and out of office. Courts resolve disputes about le ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
