KAMAL GALANI Vs. ASSISTANT COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) By these petitions under Article 226 of the Contitution of India, the petitioner is seeking the following reliefs:-

(2.) Upon such petitions and on copies thereof being served, an affidavit in reply in each of these petitions has been filed on behalf of the respondents in which they have raised a preliminary issue to the maintainability of these petitions. The argument is that this very petitioner had filed a earlier petition being Writ Petition No. 2823 of 2015 on the same cause of action and claiming identical reliefs, as are reproduced above. That writ petition was heard for admission by this Court on two occasions and reliance is placed on an order passed in that writ petition and which is dated 21.12.2016. That order reads as under:-

(3.) On the above facts being pointed out, Mr. Mistri, learned Senior Counsel appearing for the Petitioner took time to take instructions from the Petitioner with regard to the correctness of the statement made by him in the Petition. The Petition was adjourned to 7th December, 2016 and thereafter on 7th December, 2016 at the instance of the Petitioner, to today.