The Calcutta High Court addressed the maintainability of a writ ...

Calcutta High Court held that the writ petition was maintainable in a contractual dispute over rent arrears, as income tax department failed to pay revised rents as per CPWD norms.

Case Laws     Indian Laws

May 21, 2024

The Calcutta High Court addressed the maintainability of a writ petition concerning a contractual dispute in the private law realm involving arrears of rent. The court found that the department willfully defaulted in paying rents revised as per CPWD norms and Income Tax Department instructions. The Single Bench rightly noted the factual position and allowed the writ petition. The court emphasized that jurisdiction can be exercised in a private law realm with certain caveats. The Chief Commissioner of Income Tax unilaterally fixed the rent, which the department failed to communicate, delaying compliance with the direction. The court upheld the Single Bench's decision to order payment of arrears based on recognized valuation principles. The court criticized the department for unfair treatment of the building owners and affirmed the writ petition's maintainability.

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