Varikuppala Chandraiah V. Union of India and 6 others

WP/11910/2022

AI Insights

The case involves Varikuppala Lingaiah, the petitioner, who challenged the actions of the Income Tax Department and other respondents for allegedly placing his land under prohibition properties without consent or knowledge, through what he claimed were false and fabricated cases. The land, located at Survey No.214/AA in Chitkul Village, was reportedly divided between two petitioners, each holding Ac.1.13 guntas. The petitioner sought a writ of mandamus to declare these actions illegal and to direct the release of the land from prohibition properties. However, the Income Tax Department's counter, which included a document dated 08.03.2018, indicated that the land had been cleared of any prohibitory status and was no longer listed as such, leading to the dismissal of the petitions.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 724661 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 11-12-2023
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: B MUKHERJEE; K RAJI REDDY; GP FOR REVENUE
• Assessee Lawyers: RAPOLU BHASKAR
• Keywords: Natural Justice; Writ of Mandamus; Prohibition Properties; Violation of Articles 14, 15, 21, 300-4
• Section: 151 CPC

Judgement Text

"[337e ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION NO:9321 AND 11910 OF 2022 Between: Varikuppala Lingaiah, S/o Muthaiah, aged about 64 years, Occ. Agriculture, Fl/o Mayur Nagar Colony, Ramachandrapuram, Hyderabad. AND 1. 2. 3. 4. 5. 6. 7. ...PET]TIONER The Union of India, Rep. by its Secretary, lncome Tax Department, New Delhi The Chief Commissioner, Income Tax Department, 9th Floor, A-Block, lncome Tax Towers, 10-12-3, AC Guards, Masab Tank, Hyderabad. The lncome Tax Officer, Hyderabad, State of Telangana. The lncome Tax Officer, Vijayawada, Krishna District. State of Andhra Pradesh. V.Lakshmi, Tax Recovery Officer, O/o lncome Tax Office, Vijayawada, Krishna District, A.P. The District Collector, Sanga Reddy, Sanga Reddy District. The Tahsildar, Patancheru Mandal, Sanga Reddy District. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia 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 action of the respondents No.4 and 5 in putting the land of the petitioner under Prohibition Properties by filing a false and fabricated cases against the land of the petitioner to an extent of Ac. 1 .1 3 gts in Sy.No.214lAA which is situated at Chitkul Village, Patancheru Mandal, Sanga Reddy District, without any consent and knowledge to the petitioner, is highry illegal, arbitrary, unconstitutionar, vioration of principres of Naturar Justice, violation of Articres 14, 1s,21 and 300-4 of the constitution of lndia and consequently to direct the respondents No.4 and 5 to release the land of the petitioner under Prohibition properties by firing a false and fabricated cases against the land of the petitioner to an extent of Ac.1.13 gts in sy.No.214lAA which is situated at chitkur viilage, patancheru Mandar, sanga Reddy District, without any consent and knowledge to the petitioner. lA NO: 1 OF 2022 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 preased to direct the respondents No.4 and 5 to rerease the rand of the petitioner under Prohibition Properties by filing a false and fabricated cases against the land of the petitioner to an extent of Ac. i.13 gts in sy.No.2.l4lAA which is situated at chitkul Village, Patancheru Mandar, sanga Reddy District, without any consent and knoweldged to the petitioner. W.P.NO:1191 0 0F 2022 Between: Varikuppala Plot No.45 Hyderabad. AND 1. 3 Chandraiah, S/o. Balaiah, Aged about g.3 years, Occ. Agriculture, Rl/o and 46, Vamshi Towers,-Mahesh ruaSia7 Cofony, (a;d-Gg;; 2 Union of lndia, lncome Tax Department, Rep. by its principal Secretary, New Delhi. The Chief Commissioner, lncome Tax Department, gth Floor, A_Block. lncome Tax Towners, ,to-12-3, AC Guards, M;\"s;b 1;;i, Hvieri-ult. The lncome Tax Officer, Hyderabad State of Teianagana ...PETITIONER Officer, Vijayawada, Krishna District. State of Andhra 4. The lncome Tax Pradesh. 5 V.Lakshmi, Tax Recovery Officer, O/o lncome Tax Office, Vijayawada, Krlshna District, A.P. 6. The District Collector, Sanga Reddy, Sanga Reddy District. 7 The Tahsildar, Patancheru Mandal, Sanga Reddy District ...RESPONDENTS Petition under Article 226 of the constitution of lndia 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 action of the respondents No.4 and 5 in putting the land of the petitioner under Prohibition properties by filing a false and fabricated cases against the land of the petitioner to an extent of Ac.2.13 gts in sy.No.214lAA which is situated at chitkul Village, patancheru Mandal, sanga Reddy District, without any consent and knowledge to the petitioner, is highly illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice, violation of Articles 14, 15,21 and 300-4 of the constitution of lndia and consequenfly to direct the respondents No.4 and 5 to release the land of the petitioner under prohibition Properties by filing a false and fabricated cases against the land of the petitioner to an extent of 4c.2.13 gts in sy.No.2'14lAA which is situated at chitkul village, Patancheru lt/andal, sanga Reddy District, without any consent and knowledge to the petitioner. lA NO: 1 OF 2022 Petition under section 1 5 i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh court may be pleased to direct the respondents No.4 & 5 to release the land of the petitioner under prohibition Properties by filing a false and fabricated cases against the land of the petitioner to an extent of Ac.2.13 gts in Sy.No.214lAA which is situated at chitkul Viilage, Patancheru Mandal, Sanga Reddy District, without any consent and knowledged to the petitioner. Counsel for the Petitioner in both W.Ps : SRI RAPOLU BHASKAR Counsel for the Respondent No.1 in both W.ps : SRI B.MUKHERJEE, . DEPUry SOLICITOR GENERAL OF INDTA Counsel for the Respondent Nos.2 to 5 in both W.ps : SRI K.RAJI REDDY, Sr.SC FOR lT Counsel for the Respondent Nos.6&7 in both W.ps : Gp FOR REVENUE The Court made the followingr COMMON ORDER I I THE HON'BLE SRI JUSTTCE P.SAM KOSHY AND THE HON'BLE SRI JUS\"ICE N.TUKARAMJI WRIT PETITION Nos.9321 and 11910 of 20122 COMMON ORDER: (per Hon'ble Si Justice P.SAM KOSHY) The present writ petitions have been hled challenging the action on the part of the respondent Nos.4 and 5 in putting the land of the petitioner under prohibition properties. The concerned property in the present writ petitrons is that which situates at Survey No.214 to an extent of Ac.2.26 guntas which is equally divided into two petitioners in the present writ petitions where the two petitioners get property of Ac.l.13 guntas each at Chitkul Village, Patancheru Mandal, Sanga Reddy District. 2. Heard Sri Rapolu Bhaskar, learned counsel for the petitioner, Sri B. Mukherjee, learned counseI representing Deputy Solicitor General of India on behalf of respondent No. 1, Sri K. Raji Reddy, learned Senior Standing Counsel for the Income Tax Department appearing for the respondent Nos.2 to 5 and learned Government Pleader appearing for the respondent Nos.6 and 7. 3. Pending the writ petitions, learned counsel for the Income Tax Department seems to have hled a counter and in their counter there is a document datecl O8.O3.2018 (Annexure - VII), whereby it has been 2 categorically held that the aforesaid land at Survey No.214/AA has been removed from the list of prohibited properties and No Objection Certificate was issued for the sale of the said property. It has also been informed that a sale consideration also has been paid lor clearing of the demand raised by the Department so far as the property that situates at Survey No.214/AA. 4. In view of the speci{ic stand taken by the learned counsel for the Income Tax Department in their Counter, we are of the considered opinion that no further cause survives in the present rvrit petitions. 5. Accordingly, the writ petitions are disposed of. There shall be no order as to costs. Miscellaneous petitions, pending if any, shal1 stand closed. //TRUE COPY// SD/- K.SREERAMA MURTHY ASSISTANT REgSTRAR I { SECTION OFFICER To, 1. The Secretary, lncome Tax Department, New Delhi, Union of lndia. 2. The Chief Commissioner, lncome Tax Department, 9th Floor, A-Block' lncome Tax Towners, 10-12-3, AC Guards, [Vlasab Tank, Hyderabad. 3. The lncome Tax Officer, Hyderabad, State of Telangana. 4. The lncome Tax Officer, Vijayawada, Krishna District. State of Andhra Pradesh. 5. V.Lakshmi, Tax Recovery Officer, O/o lncome Tax Office, Vijayawada, Krishna District, A.P. 6. The District Collector, Sanga Reddy, Sanga Reddy District. 7. The Tahsildar, Patancheru Mandal, Sanga Reddy District. 8. One CC to SRI RAPOLU BHASKAR, Advocate. [OPUC] 9. One CC to SRI B.IVIUKHERJEE, DEPUTY SOLICITOR GENERAL OF INDIA' High Court for the State of Telangana at Hyderabad_. [OPUC]_ 10.O;e CC toSRl K.RAJI REDDY, Sr.Standing Counsel For lncome Tax Department. [OPUC] 11.Twb CCs to the GP-FOR REVENUE, High Court for the State Of Telangana at Hyderabad. [OUT] 12.fwo CD Copies. BSK GJ HIGH COURT DATED:1 111212023 COMMON ORDER WP.Nos.9321 AND 11910 ot 2022 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS 1 1 JA i 202[ S.TAr e € t 1 o o .a- o * * D D t: a "