SUMANGALA DEVI B vs. DY COMMISSIONER OF INCOME TAX

WP/8847/2008HC KarnatakaKAHC02000785200806 August 2013Bench: H.G.RAMESH2 pages

AI SummaryDismissed

What did the High Court hold?

The High Court of Karnataka, Circuit Bench at Dharwad, held that the petitioner does not press the writ petition. Consequently, the writ petition was dismissed as not pressed. In view of the dismissal of the writ petition, the miscellaneous writ petition and an interlocutory application (I.A. No.1/2013) were also dismissed as they did not survive for consideration. No decision was made on the merits of the case.

What were the facts?

The petitioner, Sumangala Devi B, filed a writ petition before the High Court of Karnataka, Circuit Bench at Dharwad, challenging an order dated 28.05.2008 passed by the Deputy Commissioner of Income Tax, Circle-2, Belgaum. The writ petition was filed under Articles 226 and 227 of the Constitution of India. A miscellaneous writ petition was also filed seeking to implead a third respondent. The assessment year(s) and the specific amount in dispute are not recorded in the judgment. The procedural history involves the filing of the writ petition and the miscellaneous writ petition.

What were the issues?

1. Whether the writ petition filed by the petitioner is to be pressed. The petitioner's counsel submitted that the petitioner does not press the writ petition. The revenue's contentions are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

Before: AND

W.P No.8847/2008 A/W MISC. W. No.2748/2009 - 1 - IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 06TH DAY OF AUGUST 2013 BEFORE THE HON’BLE MR.JUSTICE H.G.RAMESH WRIT PETITION No.8847 OF 2008 (T-IT) A/W MISC. W. No.2748/2009 BETWEEN: SUMANGALA DEVI B W/O GAJANANE RAER BELAGAONKAR MAJOR, 73 YEARS “JIBAL”, R-3, 1ST ‘A’ CROSS II MAIN, III STAGE & PHASE 5TH BLOCK, BANASHANKARI BANGALORE-560085 … COMMON PETITIONER (BY SRI H.R. KAMBIYAVAR FOR SMT. H. VANI, ADVOCATES) AND 1. DY. COMMISSIONER OF INCOME TAX CIRCLE-2 BELGAUM 2. COMMISSIONER OF INCOME TAX OPP: DISTRICT CIVIL HOSPITAL BELGAUM … COMMON RESPONDENTS (BY SRI Y.V. RAVIRAJ, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 28.5.2008 OF THE FIRST RESPONDENT VIDE ANNEX.J AND ETC. MISC.W. No.2748/2009 IS FILED UNDER ORDER 1 RULE 10 R/W ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE APPLICATION FOR IMPLEADING THE

W.P No.8847/2008 A/W MISC. W. No.2748/2009 - 2 - THIRD RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION A/W MISC. W. No.2748/2009 COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R H.G.RAMESH, J.(Oral) : Learned counsel for the petitioner submits that the petitioner does not press the writ petition. The writ petition is accordingly dismissed as not pressed. In view of dismissal of the writ petition, Misc. W. No.2748/2009 and I.A. No.1/2013 do not survive for consideration; they also stand dismissed. Petition dismissed. SD/- JUDGE BNS

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