Janak Bhogilal Raja v. Income Tax Officer Ward 2(1) And ORS

2025:BHC-AS:51098-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13285 OF 2025 IN WRIT PETITION (ST) NO. 12204 OF 2022 Janak Bhogilal Raja .. Applicant In the matter between:

Janak Bhogilal Raja .. Petitioner

Versus

Income Tax Officer, Ward 2(1) and Ors.

.. Respondents Ms. Neha Paranjpe, for the Petitioner/Applicant. Mr. Akhileshwar Sharma, for the Respondent-Revenue. CORAM: B. P. COLABAWALLA & AMIT S. JAMSANDEKAR, JJ.

DATE:

P. C.

1.

The above Interim Application is filed seeking to set aside the order dated 29th January 2024 rejecting the above Writ Petition for nonremoval of office objections. Consequently, restoration of the Petition is also sought.

2.

Though there is no formal prayer for condoning the delay, the same has been explained in paragraph Nos. 1(ii) to (iv). Though we are not fully satisfied with the explanation, in order to ensure that the Petitioner is not deprived the opportunity of raising his grievances on merits, we hereby set aside the order dated 29th January 2024, only insofar as it relates to the above Writ Petition, and restore the above Writ Petition to the file of this Court.

3.

This is obviously subject to the Petitioner paying costs of Rs.25,000/- to "The High Court Employees Medical Welfare Fund at Mumbai". The account details of the said fund are as follows:- "Account Name : The High Court Employees Medical Welfare Fund at Mumbai Bank Name and Branch : Bank of India, Mumbai (Main) Branch Account No. : 000120110001337 IFSC Code : BKID0000001"

4.

The costs shall be paid by RTGS in the above-mentioned fund within 2 weeks from the date of uploading of this order on the High Court

website. The proof of payment shall be filed with the Registry of this Court immediately thereafter.

5.

It is needless to clarify that if the costs are not paid within the stipulated period, the above Interim Application shall stand dismissed without further reference to the Court.

6.

If the costs are paid, the learned Advocate for the Petitioner shall remove all the office objections raised by the Registry within a period of 2 weeks from the date of paying the aforesaid costs. 7.

The Interim Application is disposed of in the aforesaid terms. 8.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [AMIT S. JAMSANDEKAR, J.] [B. P. COLABAWALLA, J.] Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 26/11/2025 11:36:12