Dasari Mahesh V. Union of India and Central Board for Direct Taxes and Director General of Income Tax (Investigation) and Principal Commissioner of Income Tax and Smt Kante Sravya and Shri Kante Balarama Krishna and Smt Kante Sarada and Kante Kiran Krishan

WP/7162/2023

AI Insights

The case involved a writ petition filed by Dasari Mahesh under Article 226 of the Constitution of India, against the Union of India and other respondents, including various income tax authorities and family members. The petition aimed to address the alleged inaction of the respondents, which was claimed to be causing loss to the government revenue. The petitioner sought a writ of mandamus to compel the respondents to act on his representations dated 09.01.2023. Additionally, two interlocutory applications were filed under Section 151 CPC, requesting the court to direct the official respondents to file action and investigation reports against the unofficial respondents. However, before the court could address these issues, the petitioner decided to withdraw the writ petition.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 800804 (HC-ANDHRA_PRADESH)
• Appeal Type: Others
• Pronouncement Date: 06-01-2025
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India, Section 151 CPC
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P PONNA RAO; R V K PRASAD; KUDARAVALLI ABHIRAM
• Assessee Lawyers: REGULAGADDA VENKATESH
• Keywords: Arbitrary; Illegal; Inaction; Investigation report; Writ of Mandamus; Loss to Revenue; Action taken report
• Section: 151; 226

Judgement Text

"w iSk IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE B. KRISHNA MOHAN AND THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7162 OF 2023 Between: Dasari Mahesh, S/o. Nageswara Rao (Late), R/o. D.No. 1-21, Main Road Chintaluru Village, Alamuru Mandal, East Godavari District - 533232. ...PETITIONER AND Union of India, Rep. by. chairman. Central Board for direct taxes. New Delhi. Director General of Income Tax, (Investigation) 9*^ Floor, Aayakar Bhavan, 0pp. LB Stadium, Basheerbaghg, Hyderabad 500004. Principal Commissioner of Income Tax, SVR Plaza, Moghalrajpuram, Vijayawada 520010. Smt Kante Sravya, W/o. Dasari Mahesh, D/o. Kante ,Baia Ramkrishna, A/29, C/Kamma, R/o. D. No. 40-15/1-29, Flat No.21, Gopala Krishna Apaprtment, Brundavan Colony, Vijayawada, Krishna District, Andhra Pradesh. Shri Kante Balarama Krishna, S/o. Paparao(Late) R/o. D. No . 40-15/1- 29, Flat No.21, Gopala Krishna Apaprtment, Brundavan Colony, Vijayawada, Krishna District, Andhara Pradesh Smt. Kante Sarada, W/o. Balarama Krishna R/o. D. No . 40-15/1-29, Flat No.21, Gopala Krishna Apaprtment, Brundavan Colony, Vijayawada, Krishna District, Andhra Pradesh. Kante Kiran Krishan, S/o. Kante Balarama Krishna, R/o. D, No. 40-15/1- 29, Flat No.21, Gopala Krishna Apaprtment, Brundavan Colony, Vijayawada, Krishna District, Andhra Pradesh. 1. 2. 3. 4. 5. 6. 7. 4 ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the in action of the respondent nos. 2 and 3 herein as illegal and in arbitrary causing loss to the Revenue to the Government and to consequently direct them to act upon the petitioners Representations dated 09.01.2023. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the official Respondents no. 2 and 3 to file action taken report before this Hon'ble court against the unofficial Respondent no. 4 to 7, and pending disposal of main writ petition. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the official Respondents no. 2 & 3 to file Investigation report and take action against unofficial Respondents No 4 to 7 before this Hon'ble court else the purpose of this petition can't be achieved or to pass Counsel for the Petitioner : SRI REGULAGADDA VENKATESH Counsel for the Respondent No.1 : SRI P. PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 to 7 : SRI R.V.K. PRASAD Counsel for the Respondent Nos.2 & 3 : SRI KUDARAVALLI ABHIRAM The Court made the following: ORDER APHC010123182023 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE honourable SRI JUSTICE NYAPATHY WRIT PETITION NO- 7162/20?.'^ PRADESH [3516] VIJAY Between: Dasari Mahesh ...PETITIONER AND Union Of India and Others Counsel for the Petitioner: 1. regulagadda venkatesh Counsel for the Respondent(S): 1. VIJAY KUMAR PUNNA 2. DEPUTY SOLICITOR GENERAL 3. R V KOTESWARA PRASAD ...RESPONDENT(S) OF INDIA 2 HBKM,J & HVN,J W.P.No.7162 of 2023 The Court made the following: ORDER: (Per Hon’ble Sri Justice B. Krishna Mohan) y The learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition, for which, he addressed a letter dated 02.01.2025 to the Registrar (Judicial). Permission is accorded. 2. Accordingly, the Writ Petition is dismissed as withdrawn. 3. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- A. VENUGOPALA RAO ASSISTANT, REGISTRAR //TRUE COPY// To SECTION OFFICER 1. OneCCto Sri Regulagadda Venkatesh, Advocate [OPUC] 2. One CC to Sri P. Ponna Rao, Deputy Solicitor General of India [OPUCl 3. One CC to Sri R.V.K. Prasad, Advocate (OPUC) 4. One CC to Sri Kudaravalli Abhiram, Advoate (OPUC) 5. Three C.D. Copies. Cnr HIGH COURT DATED:06/01/2025 ORDER WP.No.7162 of 2023 O * 19 FEB 2Cr3 ^ . Current Section DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS "