SOURABH BAIRATHI S/O SHRI MAHESH CHANDRA BAIRATHI vs. INCOME TAX OFFICER
What did the High Court hold?
The High Court allowed the petitioner's request to withdraw the writ petition. The Court granted the petitioner liberty to raise all the issues involved in the petition before the Appellate Authority. Additionally, the petitioner was granted liberty to make a request for early disposal of the appeal before the concerned authority. No decision was made on the merits of the case, as the petition was withdrawn. The specific issues that would have been adjudicated in the writ petition were not decided.
What were the facts?
The petitioner, Sourabh Bairathi, filed a Civil Writ Petition No. 17626/2022 before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondent was the Income Tax Officer, ITO Ward 6(3), Jaipur. The writ petition was filed against an order or action by the revenue, though the specific order and assessment year(s) are not detailed in the provided text. The procedural history is limited to the filing of the writ petition before the High Court.
What were the issues?
The primary issue before the High Court was whether to grant the petitioner's request to withdraw the writ petition. The petitioner sought permission to withdraw the petition with the liberty to raise all the issues involved before the Appellate Authority. The revenue's contentions are not recorded in the judgment. The question of law, if any, that the Tribunal had to decide is not explicitly stated as the matter was disposed of on a procedural request.
AI-generated summary — verify with the full judgment below
[2024:RJ-JP:29216-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 17626/2022 Sourabh Bairathi S/o Shri Mahesh Chandra Bairathi, Aged About 42 Years, R/o 102, Vivek Vihar, J.L.N Marg, Opp Dainik Bhaskar Office, Jaipur 302015, Rajasthan, India. ----Petitioner Versus Income Tax Officer, ITO Ward 6(3), New Central Revenue Building, Bhagwan Dass Road, Jaipur 302005, Rajasthan, India. ----Respondent For Petitioner(s) : Mr. Peeyush Ganguli, Adv. for Mr. Mahendra Gargieya, Adv. For Respondent(s) : Ms. Jaya P. Pathak, Adv. for Mr. Sandeep Pathak, Adv. HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 12/07/2024 Learned counsel for the petitioner seeks permission to withdraw the petition with liberty to raise all the issues involved in this petition before the Appellate Authority. This petition is disposed of with liberty as prayed for. Petitioner shall be at liberty to make a request for early disposal of the appeal before the authority concerned. (ASHUTOSH KUMAR),J (AVNEESH JHINGAN),J Mohita/HS-35
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