INCOME TAX CONTINGENT EMPLOYEES UNION vs. UNION OF INDIA

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CW/3786/2019HC RajasthanRJHC01017190201921 May 2019Bench: S. RAVINDRA BHAT,DINESH MEHTA1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court granted the petitioners' request for liberty to withdraw the writ petition. The court permitted Mr. Jagdish Solanki to pursue his grievance by filing a separate petition. Consequently, the writ petition was dismissed as withdrawn. The court did not delve into the substantive merits of the case or any underlying tax disputes. The ratio decidendi is that a party can be granted liberty to withdraw a writ petition to pursue their remedies through a different legal avenue, provided such a request is made and granted by the court.

What were the facts?

The petitioners, the Income Tax Contingent Employees Union and Jagdish Solanki, filed a writ petition before the High Court of Judicature for Rajasthan at Jodhpur. The respondents were the Union of India, the Pr. Chief Commissioner of Income-Tax, the Chief Commissioner of Income-Tax, and a Member of the Central Administrative Tribunal. The specific assessment year(s) and the exact nature of the dispute are not detailed in the provided text. The procedural history is limited to the filing of the writ petition and the subsequent request for withdrawal.

What were the issues?

The primary issue was whether the petitioners should be granted liberty to withdraw the present writ petition. The petitioners' counsel sought permission to withdraw the petition, stating that the aggrieved party, Mr. Jagdish Solanki, intended to file a separate petition to seek redress. The respondents' contentions are not recorded in the judgment. No specific provisions of the Income Tax Act or other statutes were explicitly discussed in relation to the core dispute, as the matter was disposed of on a procedural point.

AI-generated summary — verify with the full judgment below

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 3786/2019 1. Income Tax Contingent Employees Union, Income-Tax Office, Jodhpur. (Association Of Casual Labours Of Income-Tax, Rajasthan Region). 2. Jagdish Solanki S/o Shri Lal Chand, Aged About 43 Years, R/o Babu Laxman Singh Colony, Outside Third Pole, Mahamandir, Jodhpur-342001. (President Of The Union). ----Petitioners Versus 1. Union Of India, Through The Finance Secretary, Ministry Of Finance, Department Of Revenue, Government Of India, New Delhi-110001. 2. Pr. Chief Commissioner Of Income-Tax, NCR Building, Statue Circle, Jaipur - 302005. 3. Chief Commissioner Of Income-Tax, Paota, C-Road, Jodhpur-342010. 4. Hina P Shah, Member, Central Administrative Tribunal, Jodhpur - 342001. ----Respondents For Petitioner(s) : Mr. T.C. Gupta For Respondent(s) : --- HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA Order 21/05/2019 Learned counsel seeks liberty to withdraw the present writ petition with submission that the concerned aggrieved party namely, Mr. Jagdish Solanki may be permitted to seek redress by filing a separate petition. Liberty granted. The writ petition is dismissed as withdrawn. (DINESH MEHTA),J (S. RAVINDRA BHAT),CJ 21-MohitTak/-

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