Beni Ram Mool Chand and Another vs Tax Recovery Officer and Others

K.C. Agarwal, Actg. C.J.

This petition under Article 226 of the Constitution of India has been filed by Beni Ram Mool Chand and another for a mandamus for directing the Tax Recovery Officer, Agra, to decide the applications dated January 10, 1979, and September 16, 1979, for refund and adjustment of the amount mentioned therein towards tax recovery from the petitioners-firm.

In paragraphs 3 and 4 of the counter affidavit filed by the respondents, the filing of the application has not been denied. It has further not been controverted as alleged in the writ petition that the said application is still pending decision. The Tax Recovery Officer, Agra, respondent No. 1 was obliged in law to decide the application and to pass an order thereon. Since it has not been done, we issue a direction to respondent No. 1 to decide the applications of the petitioners within six weeks from the date a certified copy of this order is produced before him. With the above observations, the petition stands disposed of.

A copy of this order may be given to the petitioner within two days on payment of usual charges.