Union Of India v. Keshabananda Dwibed

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 15255 of 2011 Union of India and others .....

Petitioner Mr. P.K. Parhi, ASGI Vs.

Keshabananda Dwibedi and others .....

Opposite Parties Mr. R.B. Mohapatra, Adv.

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

17.03.2022 Order No.

4.

This matter is taken up through hybrid mode.

2.

This is a writ petition filed by the Income Tax Department challenging the order dated 05.04.2011 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 291 of 2008 under Annexure-3. When this matter was called out, Mr. P.K. Parhi, learned Asst. Solicitor General of India appearing for Union of India sought time saying that it is yet to be sorted out at the level of the Government as to who would address in the High Court on behalf of the Income Tax Department. But, as it appears, it has became a day to day affairs that in each and every case of the Income Tax Department, which is listed before this Court, none is appearing for them nor Mr. P.K. Parhi, learned Asst. Solicitor General of India appearing for Union of India is taking responsibility to address the Court.

It is brought to the notice of the Court that though a lot of year old matters of Income Tax Department are pending before this Court, but due to non-assistance of the counsel appearing on behalf of the Government of India, the same are not being disposed of, for want of prosecution. Therefore, this Court takes a serious view on the issue and is constrained to pass the following order, in view of the above conduct of the petitioners.

3.

In the above view of the matter, since it is an old case of the

year 2011, this Court is not inclined to grant any further adjournment. Therefore, the writ petition stands dismissed for want of prosecution.

4.

Let this order be communicated to the Secretary, Finance Department, Govt. of India, New Delhi to do the needful. Ashok/Sukanta (DR. B.R. SARANGI) JUDGE (SAVITRI RATHO) JUDGE