SRI CHUKKALRU SUNIL KUMAR v. THE DEPUTY COMMISSIONER
WP/103811/2025 · 2025-07-17
Pradeep Singh Yerur
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 37969 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37969 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:8901 WP No. 103811 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103811 OF 2025 (T-IT)
BETWEEN:
SRI. CHUKKALURU SUNIL KUMAR, S/O. C. PRABHAKAR REDDY, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. NO.D3, VEERANNA GOWDA COLONY, BEHIND BALLARY CLUB, BALLARI-583104, TQ: AND DIST: BALLARI. …PETITIONER (BY SRI. H.R. DESHPANDE, ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER OF INCOME TAX, DCIT (BENAMI PROHIBITION )PNJ, TRI STAR BUILDING, 2ND AND 3RD FLOOR, EDC COMPLEX, PATTO PLAZA, PANAJI, GOA-403001.
2.
THE DEPUTY COMMISSIONER OF INCOME TAX/ADIT, SURESH COMPLEX, INFANTRY ROAD, BALLARI-583104, TQ & DIST: BALLARI.
3.
AHMAD ASHIK O.S. DDIT/ADIT(INV) SURESH COMPLEX, INFANTRY ROAD, BALLARI-583104, TQ & DIST: BALLARI. …RESPONDENTS (BY SRI. M. TIRUMALESH FOR SMT. ROOPA ANVEKAR, ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i. ISSUE A WRIT OF MANDAMUS TO THE FOLLOWING RESPONDENTS DIRECTING THEM TO FURNISH THE CERTIFIED COPIES NAMELY,
VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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HC-KAR NC: 2025:KHC-D:8901 WP No. 103811 of 2025
A. BY THE RESPONDENT NO.1 – C.C OF THE STATEMENT OF THE PETITIONER RECORDED ON 22.03.2025.
B. BY THE RESPONDENT NO.2 - (I) C.C OF THE STATEMENT OF THE PETITIONER RECORDED ON 22.09.2020.
II) C.C OF THE STATEMENT OF THE SRI. N. SURYANARAYANA REDDY RECORDED ON 14.03.2020.
C. BY THE RESPONDENT NO.3 C.C OF AL THE STATEMENTS AND E-MAILS SUBMITTED BY THE PETITIONER AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
1. Heard learned counsel for the petitioner.
Learned counsel Sri.M.Tirumalesh represents the respondents along with Smt.Roopa Anvekar. Registry to show their names in the cause list for respondent Nos.1 to
3.
2. The present petition is filed by the petitioner who is an agriculturist. It is the case of the petitioner that the proceedings are initiated by respondent No.1 against the petitioner under Section 24(1) of the Benami Transactions (Prohibition) Act, 1988 and to a show cause as to why action should not be taken against the
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HC-KAR NC: 2025:KHC-D:8901 WP No. 103811 of 2025
petitioner, the petitioner approached the authority, filed application and sought for certain documents from respondent No.3. During the course of investigation, petitioner also sought for statement of Suryanarayana Reddy which was recorded. During the course of search, as the petitioner was not having the said statement, he was unable to respond to the notice issued by respondent No.1.
3.
Learned counsel for the respondents Sri.M.Tirumalesh fairly submits that he has complied with the requirements by furnishing statement of the petitioner as sought for in Prayer A and B. With regard to prayer C, counsel for the respondents submits that petitioner may approach the authority, provide further details as required through e-mail and the same shall be provided to the petitioner. Under the circumstances, I pass the following:
ORDER i. Petition is allowed in part.
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HC-KAR NC: 2025:KHC-D:8901 WP No. 103811 of 2025
ii. Writ of mandamus is issued directing respondent No.3 to provide certified copy of the statement of the petitioner recorded on 22.03.2025 and certified copy of the statement recorded on 22.09.2020, certified copy of the statement recorded on 14.03.2020, within a period of one week from the date of receipt of copy of the order. iii. The petitioner is at liberty to approach the office of the respondents and collect the said copy with regard to prayer C. iv. A week’s time is granted to the petitioner to provide further details and a week thereafter, the respondents shall comply with regard to prayer C pertaining to e-mail. The petitioner shall furnish the necessary details accordingly. v. Ordered accordingly.
Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK / List No.: 1 Sl No.: 69