| Citation(s) |
|---|
| 2003 SLG 3173 2003 SLD 3173 (2003) 264 ITR 91 |
Delhi High Court
CIVIL WRIT PETITION NO. 2480 OF 2001 MARCH 21, 2003
B.C. PATEL, C.J. AND BADAR DURREZ AHMED, J.
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CIVIL WRIT PETITION NO. 2480 OF 2001 MARCH 21, 2003
B.C. PATEL, C.J. AND BADAR DURREZ AHMED, J.
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Narinder Khanna
v.
Union of India
Law:
Section:
Article 226 of the Constitution of India - Writ - Maintainability of - Whether where petition for issue of writ of mandamus is clubbed with multifarious prayers concerning different departments and authorities without specifically mentioning names of persons, such general petitions cannot be entertained - Held, yes FACTS The petitioner had filed a petition against 19 respondents.The petitioner prayed that appropriate writ of mandamus be issued to the CBDT and the Commissioner to collect income-tax in respect of taxable perquisites like road tax, free tyre tube, batteries, insurance premium, interest-free car, loan, fixed conveyance allowance as well as reimbursement of petrol per month from 5,000 class I officers, 29,000 class II officers and 40,000 class III employees of the Government owned insurance companies for the block period of 10 years prior to search under section 132 conducted on 29-11-2000. On writ : HELD The petitioner had clubbed different authorities connected with different departments in a same petition. He had also clubbed together disparate purported causes of action. [Para 6] If the petitioner had a case, then he had to point out specifically by naming the persons in his petition. He had to annex relevant rules and regulations with the petition but without pointing it out general petitions were not to be entertained. The Court was of the opinion that it would not be possible to take action in such matters where the petition was clubbed with multifarious prayers concerning different departments and authorities. [Para 9] S.K. Mittal, Salil Paul, R. Narayanan, R.D. Jally and Ajay Jha for the Respondent. ORDER B.C. Patel, CJ. - Petitioner, party in person has filed this petition against 14 respondents and after amendment the number has increased to 19. It is prayed by him that appropriate writ of mandamus be issued to Central Board of Direct Taxes and Commissioner of Income-tax to collect income-tax in respect of taxable perquisites like road tax, free tyre tube, batteries, insurance premium, interest free car loan of Rs. 4 lakhs, fixed conveyance allowance of Rs. 2,000 per month as well as reimbursement of 125. lts of petrol per month from…
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