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Allahabad High Court

GHAMANDIversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court ordered the respondent to consider a fresh reply within four weeks and to decide the matter expeditiously, while staying any coercive action, without adjudicating the merits.

Summary

The petitioner, Ghamandi, filed a writ petition seeking an order directing the Chief Tax Assessing Officer (respondent No.5) to decide on the petitioner's reply to a notice dated 8‑December‑2025. The petitioner argued that despite having submitted the reply, no decision had been taken, and relied on a prior judgment (Writ‑C No.29478 of 2026). The Court, after hearing both sides, permitted the petitioner to file a fresh reply within four weeks and directed the respondent to render a final decision within four weeks of receiving that reply. The Court also ordered that no coercive action be taken against the petitioner for eight weeks or until a final decision is made, whichever is earlier. The order expressly states that the merits of the case were not adjudicated and the matter is left to the respondent to decide in accordance with law.

Issues considered

  • Whether the Court can direct the respondent to consider a fresh reply to the notice dated 8‑December‑2025.
  • Whether the Court may stay any coercive action against the petitioner pending the respondent's decision.

Subjects

  • writ petition
  • tax assessment
  • notice reply
  • fresh reply
  • stay of coercive action
  • administrative law

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 39490 of 2026

Ghamandi
                                                          .....Petitioner(s)
                                   Versus

State Of U.P. And 4 Others
                                                        .....Respondent(s)

Counsel for Petitioner(s)         :   Ashish Srivastava, Harshit Pathak
Counsel for Respondent(s)         :   C.S.C.

Court No. - 5
                    HON'BLE PRAKASH PADIA, J.
                    HON'BLE VIVEK SARAN, J.

1. Learned Standing Counsel has accepted notice on behalf of respondent
nos.1 and 2 and Sri Harsh Vardhan Gupta, Advocate has accepted notice
on behalf of respondent nos.3, 4 and 5.

2. After some arguments, learned counsel for the petitioner has confined
his prayer to direct the respondent no.5/Chief Tax Assessing Officer,
Nagar Nigam Mathura Vrindavan, Mathura to pass appropriate orders on
the reply submitted by the petitioner pursuant to the notice dated
8.12.2025, copy of which is appended as annexure no.2 to the writ
petition. Learned counsel for the petitioner has also placed reliance upon
the judgement and order dated 30.7.2026 passed by this Court in Writ-C
No.29478 of 2026. It is argued by learned counsel for the petitioner that
though reply to the aforesaid notice has already been submitted but till
date no decision has been taken on the same.

3. Heard learned counsel for the parties.

4. In this view of the matter, with the consent of the counsel for the
parties, this petition is finally disposed of permitting the petitioner to
submit a fresh reply to the aforesaid notice dated 8.12.2025 within a
period of four weeks from today annexing relevant papers on which
petitioner wants to place reliance.

5. In case any such reply is filed by the petitioner, the respondent
no.5/Chief Tax Assessing Officer, Nagar Nigam Mathura Vrindavan,
Mathura will take a final decision in the matter most expeditiously and
                                                                                            WRIC No. 39490 of 2026
                                                                    2

                                    preferably within next four weeks from the date of submission of the
                                    reply to the said notice.

                                    6. For a period of eight weeks from today or till the time final decision is
                                    taken by the respondent no.5, whichever is earlier, no coercive action
                                    shall be taken against the petitioner.

                                    7. It is made clear that this Court has not adjudicated the case on merits, it
                                    is upon the respondent no.5 to pass appropriate order in the matter in
                                    accordance with law.



                                                                          (Vivek Saran,J.) (Prakash Padia,J.)
                                    September 30, 2026
                                    Gaurav Kuls




Digitally signed by :-
GAURAV KULSHRESTHA
High Court of Judicature at Allahabad


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