Telangana High Court
WP/33179/2010 of P.Uday Kumar Vs TheRecovery officer on 29 December 2010
MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKAR WRIT PETITION NO. 33179 OF 2010 Between: P. Uday Kumar S/o Vasu Babu ………….Petitioner AND The Recovery Officer DRT-I and one another ………….Respondents ORDER: (Per Hon'ble Sri
HON'BLE MR JUSTICE GHULAM MOHAMMEDAND
HON'BLE MR JUSTICE N. RAVI SHANKAR
WRIT PETITIONNO. 33179 OF 2010
Between:
P. Uday Kumar S/o Vasu Babu
………….Petitioner
AND
The Recovery Officer DRT-I and one another
………….Respondents
ORDER: (Per Hon'ble Sri Justice GHULAM MOHAMMED)
The learned counsel appearing for the petitionerseeks permission of this Court to withdraw the WritPetition with liberty to move an application beforeRecovery Officer under Section 60 of the II Schedule ofthe Income Tax Act.
For ready reference, Section 60 of the SecondSchedule of the Income Tax Act, reads as under:“60. Application to set aside sale ofimmovable property on deposit:- (1) whereimmovable property has been sold inexecution of a certificate, the defaulter, or anyperson whose interests are affected by thesale, may, at any time within thirty days fromthe date of the sale, apply, to the TaxRecovery Officer to set aside the sale, on hisdepositing,--- (a)(xxx) the amount specified in theproclamation of sale as that for the recoveryof which the sale was ordered, with interestthereon at the rate of (one and one fourthpercent for every month or part of a month),calculated from the date of the proclamationof sale to the date when the deposit is made;and (b)for payment to the purchaser, aspenalty , a sum equal to five percent of the purchase money, but not less than onerupee.
(2)Where a person makes an applicationunder Rule 61 for setting aside the sale of hisimmovable property, he shall not, unless hewithdraws that application, be entitled tomake or prosecute an application under thisrule.”
In view of the above, permission is accorded.
Accordingly, the Writ Petition is dismissed aswithdrawn. Liberty is given to the petitioner to move anapplication before the Recovery Officer under Section60 of the Second Schedule of the Income Tax Act,1961. There shall be no order as to costs.
________________________
GHULAM MOHAMMED, J
______________________
N. RAVI SHANKAR, J
DATE: 29.12.2010KA
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