Allahabad H.C : We have heard Sri A. D. Prabharkar, learned counsel for the petitioner, at length with regard to relief (a)

High Court Of Allahabad

Raghunath Singh vs. Union Of India & Ors.

Section 244A

K.C. Agarwal, Actg., C.J. & R.K. Gulati, J.

Civil Misc. Writ Petition No. 247 of 1983

15th November, 1989

Counsel Appeared

Prabhakar, for the Petitioner

C. AGARWAL. ACTG. C.J.

We have heard Sri A. D. Prabharkar, learned counsel for the petitioner, at length with regard to relief (a). The initial relief (a) is for a direction to the respondents to relief the amount of Rs. 28,000 which had been seized from Smt. Hasmat Kaur, Subsequently, the petitioner, who is the husband of Smt. Hasmat Kaur, moved an application for amendment of the writ petition praying for a direction to pay interest on the seized amount at the rate of 12per cent per annum.

2. The petitioner did make an application to the CIT for the refund of the principal amount but had never made any prayer for the payment of interest. In that view of the mater, we decline to issue mandamus to the petitioner, the principal amount having already been paid. The writ petition is dismissed. If law permits, the petitioner may approach the CIT for payment of interest.

[Citation :182 ITR 234]

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