SAMPATLAL BUCHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Joint Secretary, Land Revenue Department, Government of Sikkim working under respondent No. 6, the Secretary, Land Revenue Department, Government of Sikkim has filed preliminary objection, being authorized by respondent Nos. 4, 5 and 6 to do so, that the writ petition may be dismissed as not maintainable. This objection has been registered as Civil Miscellaneous Application No. 34 of 2001.

(2.) We have heard Shri Home Choudhury, Senior Advocate appearing on behalf of the petitioners and Shri S. P. Wangdi, learned Advocate General on behalf of respondent Nos. 4 to 8. Shri Wangdi has submitted that the Writ Petition is not maintainable, since the petitioners have no locus standi to file the petition, since the petition raises disputed questions of facts which cannot be conveniently decided in a writ petition and also because the writ petition suffers from suppression of material facts. On the other hand, Shri Home Choudhury has submitted that the writ Court has the jurisdiction to decide disputed questions of facts and the petitioners have the locus standi to file the petition and also that the petition does not suppress any material facts.

(3.) In order to appreciate the controversy, it is necessary to refer to the prayers made in the writ petition and also to some of the averments made therein. The petition has been filed by Sampatlal Bucha, petitioner No. 1 as Karta of the Hindu undivided firm M/s. Nauratanmal Ashok Kumar which has been impleaded as petitioner No. 2. The first respondent is the Union of India, second and third respondents are the Commissioner of Income-tax, Jalpaiguri Range, West Bengal and the Income-tax Officer, Ward No. 1, Treasury Road, Kalimpong, District Darjeeling respectively. Fourth respondent is the State of Sikkim through the Chief Secretary and fifth respondent is the Finance Secretary, Government of Sikkim, sixth respondent is the Secretary, Land Revenue Department, Government of Sikkim, seventh respondent is the District Collector, East District, eighth respondent is the Sub-Divisional Officer, East District, Gangtok, ninth respondent is Srimati Sakuntala Devi, tenth respondent is Azey Bhutiani, Kazi Road, Gangtok and the eleventh respondent is Smt. K. Rinzing, Yama House, M.G. Marg, Gangtok. The petitioners have claimed the following reliefs :-