Indian Overseas Bank v. Tax Recovery Officer - 6

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE K.LAKSHMAN WRI T PETI TI ON NO.17497 OF 2019 ORDER: (per SK,J) Challenge in this writ petition was to the action initiated by the Tax Recovery Officers of the Income Tax Department at Kurnool and Hyderabad, vide attachment orders dated 05.05.2017 and 09.06.2017, in respect of the immovable properties which were mortgaged with the Indian Overseas Bank, the petitioner herein. A consequential direction was sought to the registration authorities of the State to register the sale certificates presented by the petitioner bank in relation to the properties covered by the said attachment orders.

2.

We are now informed by Sri K.Raji Reddy, learned senior standing counsel for the Revenue, that under two separate letters dated 27.08.2019 addressed to the registration authorities, the Tax Recovery Officer-6, Hyderabad, informed them that the attachment orders in relation to both the properties mortgaged with the petitioner bank stood withdrawn.

3.

In the light of this development, the grievance of the petitioner bank with regard to the attachment of the properties by the Income Tax authorities stands settled. It is now for the registration authorities to take appropriate action in the matter in accordance with law. 4.

In the light of this development, we see no reason to issue any positive directions. Registration of the sale certificates is accordingly left open to the registration authorities, to address on merits and in accordance with law.

5.

With the above observation, the writ petition is closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

________________ SANJAY KUMAR,J _______________ K.LAKSHMAN,J Date:30.08.2019 KL