M/S Shivalika Minerals v. The Deputy Commissioner Of Income Tax
[Citation -2015-LL-1104]

Citation 2015-LL-1104
Appellant Name M/S Shivalika Minerals
Respondent Name The Deputy Commissioner Of Income Tax
Court HIGH COURT OF MADHYA PRADESH
Relevant Act Income-tax
Date of Order 04/11/2015
Judgment View Judgment
Bot Summary: For the nature of relief claimed, the question of entertaining this petition does not arise. The petitioner is free to approach the concerned Authority for expediting the hearing of stay application or the main matter; and until such request is rejected, there is no cause of action for the petitioner to maintain writ petition praying for direction against the Authority to expedite the hearing of the stay application. Our attention was invited to order dated 02.11.2015 in W.P.No. In absence of specific averments in the writ petition that the petitioner made unsuccessful attempt before the Authority to get the hearing of stay application expedited, it is not possible for us to follow the observations made in the aforesaid order. Instead, we dispose of this petition with liberty to petitioner to approach the concerned Authority to expedite the hearing of stay application or main matter.


1 W.P. No.18737/2015 04.11.2015 Shri Mukesh Agrawal, Advocate for petitioner. Shri Sanjay Lal, Advocate for respondents. Heard counsel for parties. For nature of relief claimed, question of entertaining this petition does not arise. petitioner is free to approach concerned Authority for expediting hearing of stay application or main matter; and until such request is rejected, there is no cause of action for petitioner to maintain writ petition praying for direction against Authority to expedite hearing of stay application. Our attention was invited to order dated 02.11.2015 in W.P.No.18741/2015. However, in absence of specific averments in writ petition that petitioner made unsuccessful attempt before Authority to get hearing of stay application expedited, it is not possible for us to follow observations made in aforesaid order. Instead, we dispose of this petition with liberty to petitioner to approach concerned Authority to expedite hearing of stay application or main matter. Which we hope will be considered appropriately. Petition disposed of accordingly. (A.M. Khanwilkar) (Sanjay Yadav) Chief Justice Judge shukla M/S Shivalika Minerals v. Deputy Commissioner Of Income Tax
Report Error