Smt. Jammula Padma Manjari V. Union of India, Rep. by its Under Secretary, Ministry of Finance (Income Tax) and The Chief Commissioner of Income Tax, Union of India, Bangalore, Karnataka State and The Additional Joint Commissioner of Income Tax, (CPC) Unit-5, Prestige Alpha, Post Box-1, Electronic City Post, Bangalore-560100, Karnataka State and The Income Tax officer, (CPIO), CPC Office of the Income Tax Officer Centralized Processing Center Prestige Alpha, Post Box-1, Electronic City Post, Bangalore-560100, Karnataka State and Jammula Bala Ashok

WP/298/2017

AI Insights

The case involves a writ petition filed by Smt. Jammula Padma Manjari against several respondents including the Union of India and various income tax authorities, seeking information related to income tax returns/statements submitted in Form No. 16 by the 5th respondent. The petitioner alleged that the rejection of her request for information was illegal, arbitrary, unconstitutional, and violated principles of natural justice as well as Articles 14, 16, and 21 of the Constitution of India. However, the petitioner failed to appear in court on the scheduled dates, leading to the dismissal of the petition for non-prosecution.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 819780 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 18-12-2024
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India, Section 8(1)(e) of the R.T.I. Act, Articles 14, 16, and 21 of the Constitution of India
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: GADI KUMAR; SPL GP FOR STATE TAX
• Assessee Lawyers: GANESWARA NIDUMUKKALA
• Keywords: Income Tax Returns; Non-prosecution; Violation of Principles of Natural Justice; Writ of Mandamus
• Section: 8(1)(e)

Judgement Text

"[ 3300 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 298 OF 2017 Between: AND 1 Smt. Jammula Padma Manjari, W/o Jammula Bala Ashok, D/o A V.S.Prasad, aged about 26 years, Occ. -House Wife, R/o H.No TRT-1 186' 2nd Fioor' Flat No 201, Besides Sanathnagar P.S. Hyderabad. 18. ...PETITIONER Union of lndia, Rep. by its Under Secretary, lvlinistry of Finance (lncome Tax), Central Secretariat, New Delhi The Chief Commissioner of lncome Tax, Union of lndia, Bangalore' Karanataka State. The Additional Joint Commrssloner of lncome Tax, (CPC ) Unit-5' Prestrge Alpha, Post Box-1, Electronic City Post, Bangalore-560100. Karnataka State. The lncome Tax officer, (CPIO), CPC Office of the lncome Tax Officer Centralized Processing Center Prestige Alpha, Post Box-'1 , Electronrc City Post, Bangalore-560'l 00. Karnataka State. Jammula Bala Ashok, S/o Pulla Rao Aged about 32 years Occ Private Service RJo G1 , Bommarillu Residency, Near Saibaba Temple Vidyanagar' Eluru, West Godavari District A.P. 2 3 4 5 ...RESPONDENTS Petrtion under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of wRlT oF MANDAMUS declare the action of the 4th respondent in rejecting the information vide F.No.RTl lO4lSeptl2O15-16 dated 1-10-2015 sought for by the petitioner as per the Provisions of Section 8(1)(e) of the R.T.l. Act, about the income tax returns statements submitted by the Sth respondent in Form No. 16 is illegal, arbitrary, unconstitutional and violation of Principles of nalural Justice and violation of Articles, 14, 16 and 21 of the constitution of lndia and consequently direct the 4th respondent to furnish the information relating to income tax retu rns/sta tements submitted in form No.16 by the 5th respondent to the 4th respondent. l.A. NO: 1 OF 2017(WPMP. NO: 335 OF 20171 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 4th respondent to furnish the copies of income tax returns /statements submitted jn form No. 16 before the 4th respondent by the 5th respondent by considering the representations of the petitioner daled 24-10-2015, 9-4-20 j 6, 19-10-2016 pending disposal of the main Writ petition. Counsel for the Petitioner: SRI GANESWARA RAO NIDUMUKKALA 6ror eneserrl Counsel for the Respondent No.1: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERIAL OF II.JDIA Counsel for the Respondent No.2 to 4: SPL. GP FOR STATE TAX The Court made the following: ORDER To, 2 4 BSR GJP 3 HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.298 of 2Ol7 ORDER: When the writ petition was called on O9.12.2024, there u,as no representation on behalf of the petitioner, hence, it was directed to be listed on 17.12.2024 under the caption 'for dismissal'. Even today, there is no representation on behalf of the petitioner. 2. It appears that the petitioner is not interested in pursuing this writ petition. Therefore, the Writ Petition is dismissed for non-prosecution. No costs. Pending miscellaneous applications, if any, sha-Il stand closed. SD/- P.Ch. NAGABHUSH MBA ASSISTANT REGI TRAR //TRUE COPY' SECTION OFFICER One CC to SRI GANESWARA RAO NIDU[/UKKALA, Advocate [OPUC] One CC to SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERIAL OF INDIA, High Court for the State of Telangana at Hyderabad [OPUC] Two CCs to SPL. GP FOR STATE TAX, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies ue ) HIGH COURT DATED: 1811212024 ORDER WP.No.298 of 2017 DISMISSING THE WRIT PETITION FOR NON.PROSECUTION, WITHOUT COSTS .,A ( q ( t o l, 2Si5 2 J r) c t P t S B E D B A1 t t CHE 3le @ lv5 ,,. "