Mrs. Poonam Anand Kishore Vachhani vs. Assistant Commissioner Of
Held
The Court held that a writ of mandamus cannot be issued to hand over possession of the leased premises to the landlord in writ proceedings, as the matter is governed by the lease agreement. The petitioner can approach the appropriate forum for recovery of possession.
Facts
The petitioner, a landlord, leased her property to M/s. Alfara'a Infra Private Limited. The GST authorities sealed the premises due to tax defaults by the tenant. The petitioner sought to have the premises unsealed and possession returned to her.
Key Issues
Whether a writ of mandamus can be issued to a landlord to recover possession of leased premises sealed by GST authorities. Whether the landlord has locus standi to challenge GST proceedings against the tenant.
Sections Cited
Section 67(4)
AI-generated summary — verify with the full judgment below
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.7906 OF 2020 (T-RES)
BETWEEN :
MRS. POONAM ANAND KISHORE VACHHANI AGED ABOUT 62 YEARS RESIDING AT NO.B-1107 PSJW APARTMENT NO.80 TAVAREKERE MAIN ROAD KORAMANGALA BENGALURU-560 029 KARNATAKA …PETITIONER
(BY SMT. VEENA J. KAMATH FOR SHRI. K. GOVINDRAYA KAMATH, ADVOCATE) [THROUGH VIDEO CONFERENCE]
AND :
ASSISTANT COMMISSIONER OF COMMERCIAL TAXES ENFORCEMENT -16, SOUTHZONE-16 BENGALURU-560 047
M/S. ALFARA’A INFRAPROJECTS PRIVATE LIMITED REPRESENTED BY RESOLUTION PROFESSIONAL MR. ABHAY NARAYAN MANUDHANE ADDRESS:1221, MAKER CHAMBER V NARIMAN POINT MUMBAI-400 021
2
EMAIL ID:rp.aippl@gmail.com eoi.alfaraa@gmail.co ... RESPON
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