Balasaheb Baburao Phad vs Union Of India Thr Its Secretary ...
2021 Latest Caselaw 13652 Bom

                                         -1-

         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                      BENCH AT AURANGABAD

                        WRIT PETITION NO.9845 OF 2021

                  BALASAHEB BABURAO PHAD
                            VERSUS
      UNION OF INDIA THROUGH IT'S SECRETARY AND OTHERS
                             WITH
                 WRIT PETITION NO.9867 OF 2021

                 PRADIP TUKARAM KOKADWAR
                           VERSUS
      UNION OF INDIA THROUGH IT'S SECRETARY AND OTHERS

Mr.S.C.Swami-Chakurkar, Advocate for the petitioners.
Mr.Alok Sharma, Advocate for respondent Nos.2 and 3.

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

DATE : SEPTEMBER 22, 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. In all other matters, this Court had issued notice to the

respondents and by granting ad-interim protection, posted the matters on

khs/Sept. 2021/wp9845

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

4. The learned Advocates shall note that the High Court of Chhattisgarh has delivered a judgment dated 23 rd 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.

4. The respondents would not initiate precipitative action

pursuant to the impugned notice until the returnable date in this matter.

( S.G. MEHARE, J. ) ( RAVINDRA V. GHUGE, J. )

khs/Sept. 2021/wp9845