R.K. Gulati, Brijesh Kumar Sharma, JJ. - (1.) THIS writ petition is directed against the notices dated 25 -11 -94 and 1.3.1995 contained in annexures 5 and 9 to the writ petition. The first of these two notices states that a sum of Rs. 66,539.00 is due from the petitioner on account of income tax and interest etc. for the consecutive assessment years 1970 -71 to 1975 -76, the details of which have been set out in the said notice dated 25.11.1994. The second notice, which is dated 1.3.1995, is a show cause notice as to why a warrant of arrest should not be issued against the petitioner, as he had failed to pay the arrears aforesaid alleged to be due against him. No counter affidavit has been filed by the respondent despite time was allowed on several occasions. Sri Shekhar Srivastava, learned Standing Counsel for the Income -tax department has stated at the bar that the respondents does not propose to file any counter affidavit and further he has been instructed to make a statement before this Court that no demand is due against the petitioner. The learned counsel also brought to the notice of this Court two letters, one dated 26.12.1997 and the other dated 6.1.1998 addressed to him by the Tax Recovery Officer, Allahabad, which have been placed on record.
(2.) IN view of the statement made by the learned Standing Counsel, the impugned notices contained in annexures 5 and 9 to the writ petition are quashed. The writ petition is accordingly allowed with costs, which we assess at Rs. 1,000/ - having regard to the facts of the case.;