Gopal Mohanrao Jadhav vs The Union Of Indian And Others
2021 Latest Caselaw 13547 Bom

                                                                     9842.21WP.odt
                                              1


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          914 WRIT PETITION NO.9842 OF 2021

                              GOPAL MOHANRAO JADHAV
                                       VERSUS
                           THE UNION OF INDIAN AND OTHERS

                                     ...
          Mr.R.R.Chandak, Advocate for the petitioner.
          Mr.R.R.Bangar, Standing Counsel for respondent no.1.
          Mr.Alok M. Sharma, Advocate for respondent nos.2 and 3.
                                     ...

                                       CORAM : RAVINDRA V. GHUGE &
                                                   S. G. MEHARE, JJ.

DATED : 21.09.2021 PER COURT :

1. Akin to the matters pending before this Court viz. Writ Petition No.9240/2021 and others, this petition also raises an identical issue with reference to Section 148 of the Income Tax Act.

2. On 03.09.2021, this Court had issued notice to the respondents and by granting ad-interim protection, the matters are posted on 29.09.2021. We find it apposite to reproduce paragraphs 3, 4 and 5 of the order dated 03.09.2021, hereunder:-

"3. Akin to the order dated 31st August 2021, we direct the respondents not to initiate precipitative

9842.21WP.odt

action pursuant to the impugned notice until the returnable date in this matter. If desired, let affidavit-in-reply be filed on or before 24th September 2021.

4. The learned Advocates shall note that the High Court of Chattisgarh has delivered a judgment dated 23rd August 2021 in a bunch of petitions raising the same issue which has been raised in the petitions before us. The learned Advocate Mr.Chandak submits that he would study the said judgment and make his submission on the next date.

5. Stand over to 29th September, 2021. Ad-interim relief to continue till the said date.

3. In view of the above, issue notice to the respondents returnable on 29.09.2021. Shri Sharma, learned advocate, waives service of notice on behalf of respondent nos.2 and 3. The learned Standing Counsel for the Union of India waives service of notice on behalf of respondent no.1.

4. The respondents would not initiate precipitative action pursuant to the impugned notice until the returnable date in this matter.

               [S. G. MEHARE]                     [RAVINDRA V. GHUGE]
                    JUDGE                               JUDGE
          DDC