SAS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3108 OF 2009 WRIT PETITION NO.3108 OF 2009 WRIT PETITION NO.3108 OF 2009 Vijaykant B. Kothari ..Petitioner. V/s. Union of India & Ors. ..Respondents. Mr.R.R.Mishra for petitioner. Mr.Abhay Ahuja for respondents. CORAM : SMT.RANJANA DESAI AND CORAM : SMT.RANJANA DESAI AND CORAM : SMT.RANJANA DESAI AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 23RD MARCH, 2009. DATED : 23RD MARCH, 2009. DATED : 23RD MARCH, 2009. P.C. :- P.C. :- P.C. :- 1. On 17th March, 2009 this matter was urgently moved before us and on the request of learned counsel for the petitioner, it was adjourned to 23/3/2009. However, the matter is not shown on the board today. In the morning, this fact was mentioned by learned counsel for the petitioner. We, therefore, enquired with the office. We were informed that the papers are not traceable. We, therefore, kept the matter back till 4.00 p.m. and directed the office to trace the papers. At 4.00 p.m. we were told that the papers are traced. The petitioner has challenged the auction of his flat which is to take place tomorrow - = : 2 : = - i.e. 24th March, 2009 and he seeks urgent reliefs by ordering postponement of the auction. Because the office did not place the matter on board the papers were not circulated to us. In the peculiar circumstances of the case, we take up the petition for admission though not on board and also direct the Registrar (Judicial) to enquire as to how the matter was not listed on the ground that the papers were not traceable in the office and place the report before us within two weeks. 2. In the present case, according to the learned advocate for the petitioner, the auction of the petitioner’s flat situated at Building No.97/2922, Prabhat Kiran, Pant Nagar, Ghatkopar (East), Mumbai - 400 075 is fixed on 24th March, 2009. It is contended that the letter dated 18/2/2009 issued by the respondents intimating about the auction is illegal, bad in law and unsustainable. We find that the demands raised pursuant to the assessments made for the years 1997-98, 1998-99 and 1999-2000 have attained finality. In the affidavit in reply filed by the Tax Recovery Officer it is stated that the appeals preferred by the petitioner against assessments were dismissed as far back as on 21/2/2006. Further appeals have not been filed and the said orders are not even challenged in this writ petition. In the - = : 3 : = - circumstances, no relief can be granted. 3. The petition is dismissed. 4. At this stage, learned counsel for the petitioner seeks stay of this order. The prayer is rejected. (SMT.RANJANA DESAI, J.) (SMT.RANJANA DESAI, J.) (SMT.RANJANA DESAI, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)