Smt. Mithlesh Kumari W/O Shri Hari ... vs Union Of India
2022 Latest Caselaw 1786 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               D.B. Civil Writ Petition No. 14576/2021

Smt. Mithlesh Kumari W/o Shri Hari Prakash Kuchhal, Aged
About 80 Years, R/o 73, Gaurav Nagar, Raj Bhawan Road, Civil
Lines, Jaipur-302006
                                                                   ----Petitioner
                                   Versus
1.    Union Of India, Through Secretary To The Government Of
      India, Department Of Revenue, Ministry Of Finance, New
      Delhi.
2.    Appropriate Authority, Income Tax Department, 8Th Floor,
      Janpath Bhawan, Janpath, New Delhi.
3.    Mrs. Radha Rawat W/o Late Shri Krishan Kumar Rawat,
      R/o 1/492, Mor Kutir, Khadi Gramodyog Road, Sanganer,
      District Jaipur.
4.    Shri Ashok Kumar Rawat Son Of Shri Ram Narayan
      Rawat, Resident Of 1/492, Mor Kutir, Khadi Gramodyog
      Road, Sanganer, District Jaipur.
5.    Shri Ravindra Kumar Rawat Son Of Shri Ram Narayan
      Rawat, Resident Of 1/492, Mor Kutir, Khadi Gramodyog
      Road, Sanganer, District Jaipur.
6.    Shri Rajendra Kumar Rawat Son Of Shri Ram Narayan
      Rawat, Resident Of 1/492, Mor Kutir, Khadi Gramodyog
      Road, Sanganer, District Jaipur.
7.    Shri Anandi Lal Roongta S/o Shri Ram Niwas Roongta,
      Resident Of 55, Sangram Colony, C-Scheme, Jaipur.
8.    Shri Vinod Kumar Roongta S/o Shri Anandi Lal Roongta,
      Resident Of 55, Sangram Colony, C-Scheme, Jaipur.
9.    Shri Raman Roongta S/o Shri Anandi Lal Roonta, Resident
      Of 55, Sangram Colony, C-Scheme, Jaipur.
10.   Smt. Suman D/o Shri Anandi Lal Roongta, Resident Of 55,
      Sangram Colony, C-Scheme, Jaipur.
11.   Shri Bhagwan Singh Son Of Late Shri Shiv Lal Singh,
      Resident Of 78, Hari Marg, Civil Lines, Jaipur.
                                                                ----Respondents

                                            (2 of 3)                    [CW-14576/2021]




For Petitioner(s)           :     Mr. Shovit Jhajharia on behalf of
                                  Ms. Mamta
For Respondent(s)           :

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL

Order

24/02/2022

In this petition the petitioner has prayed for a declaration

that the purchase order dated 30.03.1994 of the appropriate

authority has abrogated and consequently the appropriate

authority should issue a no objection certificate under Section 269

UL (3) of the Income Tax Act, 1961.

We notice that the order of preemptive purchase passed by

the appropriate authority has been confirmed right upto the

Supreme Court. By a detailed judgment dated 29.07.2019 the

Supreme Court has dismissed the appeal of the land owners

against the preemptive purchase order dated 30.03.1994.

However limited to the extent of the issue of disbursement of the

sale consideration to the parties interested as provided in sub-

section (4) of Section 269 UG of the Act, the Supreme Court gave

relief. The appeal was allowed to the limited extent and the matter

was left open for the decision to be taken by the appropriate

authority under Section 269 UG of the Act.

Under the circumstances the prayers made in the petition

cannot be granted. Once the entire innings has been completed

culminating into the Supreme Court confirming the decision of the

High Court by a detailed judgment, challenge to the same

(3 of 3) [CW-14576/2021]

preemptive purchase order is not permissible. If the petitioner has

any grievance with respect to the order dated 11.02.2020 passed

by the appropriate authority under Section 269 UG(4) of the Act

consequent upon the decision of the Supreme Court, she must

challenge the said order. Challenge to the order dated 30.03.1994

cannot be reopened. Learned counsel for the petitioner therefore

stated that the petitioner would like to file a fresh petition

challenging the said order of the appropriate authority. Disposing

of this petition would not prevent the petitioner from bringing

fresh petition challenging the said order of the appropriate

authority dated 11.02.2020.

The petition is disposed of accordingly. All pending

applications also stand disposed of.

                                   (SUDESH BANSAL),J                                                  (AKIL KURESHI),CJ

                                   KAMLESH KUMAR/1









Powered by TCPDF (www.tcpdf.org)