Shilpi Prasad, W/o Late Govind Manish V. Union of India represented by the Principal Commissioner of Income Tax, 47-C.H. Area, P.O. and P.S.-Bistupur, Jamshedpur

WPC/1476/2019

AI Insights

The case involves Shilpi Prasad, the widow of Late Govind Manish, who was a Joint Commissioner in the Income Tax Department, Jamshedpur. The petitioner was occupying a residential quarter allotted to her late husband. The Income Tax Department, through the Sub Divisional Officer, Dhalbhum, Jamshedpur, issued a notice under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, for her to vacate the premises within 72 hours. The petitioner approached the High Court seeking accommodation to delay the eviction due to her responsibilities towards her son and daughter, who were in the midst of their academic sessions. The court, considering the urgency and the petitioner's undertaking, granted her three months to vacate the quarter.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 797759 (HC-JHARKHAND)
• Appeal Type: Others
• Pronouncement Date: 29-03-2019
• Assessment Year: misc
• Laws Referred To: Public Premises (Eviction of Unauthorized Occupants) Act, 1971
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: AMRITA SINHA
• Assessee Lawyers: V K PRASAD; RISHU RANJAN
• Keywords: Eviction; Income Tax Department; Residential Accommodation; Vacation of premises
• Section: 5; 9

Judgement Text

" IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1476 of 2019 --------- Shilpi Prasad, W/o Late Govind Manish ……… Petitioner Versus Union of India represented by the Principal Commissioner of Income Tax, 47-C.H. Area, P.O. and P.S.-Bistupur, Jamshedpur ………. Respondent --------- CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD --------- For the Petitioner : Mr. V.K. Prasad, Advocate Mr. Rishu Ranjan, Advocate For the Respondent : Mrs. Amrita Sinha, Jr. S.C. to Income Tax Department --- 03/29.03.2019 The instant writ petition has been mentioned on 27.03.2019. 2. The Court after considering the urgency, since the matter pertains to vacation of the residential accommodation of the petitioner who is occupying the quarter while allotted in favour of late husband namely Govind Manish who was working during the relevant time as Joint Commissioner, Income Tax Department of the Jamshedpur Circle. 3. This Court after considering the urgency has posted the case on 1st April, 2019, the matter has again been mentioned on 28.03.2019 on the ground that since the order has been passed under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, which has been affirmed by the appellate Court under the provision of Section 9 of the aforesaid Act, therefore, a notice has been issued by the Sub Divisional Officer, Dhalbhum, Jamshedpur to vacate the premises within 72 hours but the case could not have been listed today and as such, the matter has been mentioned at 10:30 a.m. on 29.03.2019 and in consequence thereto, the matter has been notified to be heard at 2:15 p.m. 4. Mr. V.K. Prasad, learned counsel appearing for the petitioner has communicated about the same to Mrs. Amrita Sinha, learned Jr. S.C. to Income Tax Department, who is present in the Court at the time of hearing of the application. 5. Mr. Prasad, at the outset, has submitted that he is not pressing the writ petition but he is making prayer for some accommodation, so that, the quarter may be vacated, since the petitioner is having liability of Son and Daughter, who are studying and are in the midst of session. 6. Mrs. Amrita Sinha, learned counsel appearing for the Respondent-Income Tax Department has opposed the said prayer. 7. After considering the submission advanced on behalf of the parties and taking into consideration the fact that the petitioner is given undertaking to vacate the quarter within a period of three months and as such, the Court without entering into the merit of the claim of the petitioner is disposing of the writ petition by directing the petitioner to vacate the quarter within a maximum period of three months from today. 8. Learned counsel appearing for the respondent will be at liberty to file interlocutory application, in case of disobedience of the order passed by this Court. 9. Accordingly, this writ petition stands disposed of. 10. Learned counsel appearing for the Respondent-Income Tax Department, is directed to communicate this order before the Competent Authority. 11. Let a copy of this order be handed over to Mrs. Amrita Sinha, learned counsel appearing for the Respondent-Income Tax Department, in course of day. 12. I.A.No.2955 of 2019 also stands disposed of. (Sujit Narayan Prasad, J.) Rohit/- "