M/S HUGGI FARM vs. INCOME TAX DEPARTMENT

WP/114340/2015HC KarnatakaKAHC02014076201528 June 2016Bench: A.S.BOPANNA2 pages

AI SummaryDismissed

What did the High Court hold?

The High Court passed an order on June 28, 2016, directing compliance within one week, failing which the petition would stand dismissed without reference to the Bench. Subsequently, as per an endorsement on the order sheet dated August 18, 2016, the advocate for the petitioners had not complied with the office objections. Consequently, the Writ Petition No. 114340/2015 was dismissed as per the Court's order dated June 28, 2016. The court did not decide on the merits of the application filed by the petitioners, but rather dismissed the writ petition due to non-compliance with the court's directions.

What were the facts?

The petitioners, M/s Huggi Farm, a partnership firm, and its partners Jagadeeshappa F. Huggi and Shivanand F. Huggi, filed a writ petition before the High Court of Karnataka, Dharwad Bench. They sought a writ in the nature of Mandamus, directing the Income Tax Department, represented by the Commissioner of Income Tax, Panaji-Goa, to dispose of an application filed by the petitioners. The assessment years are not specified. The specific application filed by the petitioners is also not detailed. The procedural history indicates that the petition was filed under Articles 226 & 227 of the Constitution of India.

What were the issues?

1. Whether the High Court should issue a writ in the nature of Mandamus directing the respondent (Income Tax Department) to dispose of the application filed by the petitioners? (Question of law) The petitioners contended that they are seeking a direction for the timely disposal of their application by the respondent. They relied on the general principles of administrative law requiring authorities to act expeditiously. The revenue's contentions are not recorded in the judgment. No specific authorities, circulars, or precedents were mentioned by either party in the provided text.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS 28TH DAY OF JUNE, 2016

BEFORE THE HON'BLE MR. JUSTICE A.S.BOPANNA

WP NO 114340 OF 2015 (T-RES)

BETWEEN:

M/S HUGGI FARM BADAMI ROAD, RON DIST: GADAG (A PARTNERSHIP FIRM REPT. BY ITS PARTNERS JAGADEESHAPPA F.HUGGI AND SHIVANAND F. HUGGI)

JAGADEESHAPPA F. HUGGI AGE: 65 YEARS OCC: PARTNER IN HUGGI FARM R/O: HUGGI FARM, BADAMI ROAD RON, DIST: GADAG

SHIVANAND F. HUGGI AGE: 64 YEARS OCC: PARTNER IN HUGGI FARM R/O: HUGGI FARM, BADAMI ROAD RON, DIST: GADAG ... PETITIONERS

(By Sri./Smt : A.S.PATIL, Adv.)

AND:

INCOME TAX DEPARTMENT (REPT. BY THE COMMISSIONER OF INCOME TAX PANAJI-GOA) ... RESPONDENT * * * * *

2 This Writ Petition filed under Article 226 & 227 of the Constitution of India, praying to issue a writ in the nature of Mandamus and direct the respondent to dispose of the application filed by the petitioners herein in accordance with law at the earlies.

This Petition coming on for orders on this day, the Hon’ble Court passed the following;

O R D E R 1 Compliance in one week, failing which the petition will stand dismissed without reference to Bench. SD/- JUDGE. //COPY// As per the endorsement made in the order sheet dated: 18.08.2016, the Advocate for the Petitioners has not complied with the office objections. Hence, this WP No. 114340/2015 stands dismissed as per the Court Order dated 28.06.2016.

Sd/-

ASSISTANT REGISTRAR T By: nd R By:

C By:

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