IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.7111 of 2008 Between: Medicare Educational Trust rep. by its Secretary G.Sudhakar, Hunter Road, Hanumakonda, Warangal. ...PETITIONER AND 1 The Deputy Director of Income Tax Exemptions (II) Income Tax Department, Olympic Bhavan, Hyderabad. 2 The Director of Income Tax Exemptions Income Tax Department, Olympic Bhavan, Hyderabad. 3 The Chief Manager, Andhra Bank, Fatima Nagar, Warangal. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ in the nature of Mandamus or any other writ, order or direction declaring the action of the respondent 1 in issuing attachment notice dated 24.3.2008 under Section 226(3) of the Income Tax Act, 1961 for recovery of Rs.12,21,48,413/- from out of the bank account of the Petitioner with the Respondent No.3 as illegal, arbitrary, contrary to law and violative of natural justice and pass such other or further order as this Hon'ble Court may deem fit and proper on the facts and in the circumstances of the case and in the interest of justice. Counsel for the Petitioner: MR.RAVINDRA CHENJI Counsel for the Respondents: MR.J.V.PRASAD (SC FOR INCOME TAX) The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.7111 of 2008 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard Sri Ravindra Chenji, learned counsel for the petitioner and Sri J.V.Prasad, leanred Standing counsel for the respondents. At their request, the Writ Petition itself is taken up for disposal. The petitioner herein sought for a Writ of Mandamus to declare the action of the first respondent in issuing attachment notice dated 24.03.2008 under Section 226 (3) of the Income Tax Act, 1961 for recovery of Rs.12,21,48,413/- (Rupees twelve crore twenty one lakh forty eight thousand four hundred and thirteen only) from the Bank Account of the petitioner. Virtually, the petitioner is more aggrieved for not granting stay pending the appeal before the Commissioner of Income Tax. Having heard on either side and on perusal of the material available on record, we are of the view that conditional order has already been passed and we do not find any justification or any specific reason to show indulgence and hence, we do not find any merits in the Writ Petition. More so, all such questions can be gone into in the appeal. Accordingly, the Writ Petition is dismissed. The petitioner is given liberty to move appropriate application before the appellate authority and the authority shall take up his case under Out-Of-Turn basis. No costs. _________________ (B.PRAKASH RAO, J) __________________ (C.Y.SOMAYAJULU, J) 4th April 2008 Note: CC by one week B/O RRB