VIKRAMSINH JILUBHA VALA Vs. TAX RECOVERY OFFICER RANGE

JUDGEMENT

(1.) RULE . Mrs. Mauna Bhatt, learned counsel waived service of rule for respondents No.1 and 2. Mr. Aditya Mehta, learned counsel waived service of rule for respondent No.3. The petition is taken up for final hearing.

(2.) THE petitioners have challenged the impugned order dated 8th May, 2012, as at Annexure "A" to the petition, by which the respondent No.1 � Tax Recovery Officer, Range- 2, Bhavnagar has issued an order prohibiting and restraining the respondent No.3 from transferring or charging the immovable property bearing Plot No.619, Kahan, Nutannagar, Yojana-2B, Mahuva, District Bhavnagar till further orders. Such order came to be passed in following factual background.

(3.) SINCE there were sizable tax dues, including principal amount and interest, of the respondent No.3, he approached the respondent No.2 � Assistant Commissioner of Income Tax for grant of "No Objection Certificate" for sale of the suit property. In such application dated 22nd June, 2011, he pointed out that he had entered into an agreement to sell the suit property for a consideration of Rs.27 lakhs to the present petitioners and had also accepted advance of Rs.2,70,000.00. He stated that as per the Assessing Officer's notice dated 26th November, 2010, there is a net demand of Rs.26,69,961.00 outstanding against him. He requested that the original title deeds of the suit property which are lying with the Department be released on payment of the sale consideration of Rs.27 lakhs. He volunteered to deposit with the Department advance money of Rs.2,70,000.00 which he had received from the petitioners. He pointed out that if the original title deeds are not released within sixty days as stipulated in the agreement to sell, such agreement to sell shall stand cancelled and the advance received by him shall have to be returned to the proposed buyers.