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IN THE HIGH COURT OF PUNJAB
& HARYANA, AT CHANDIGARH
CIVIL WRIT JURISDICTION
WRIT PETITION (CIVIL) NO. OF 2017
IN THE MATTER OF:
1. PRATAPGARH FARMS
ADDRESS:
. . . . Petitioners
VERSUS
1. Tax Department,
Haryana, Address
. . . . Respondents
PETITION UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA SEEKING APPROPRIATE
WRIT, ORDER OR DIRECTION FOR QUASHING OF
THE ORDER/NOTICES DATED PASSED BY..
MOST RESPECTFULLY SHOWETH:
1. The Petitioners are filing the present Writ Petition
under Article 226 of the Constitution of India seeking
an appropriate writ, order or direction for quashing
the order/notices dated issued by the
respondent to the Petitioners herein, which are highly
arbitrary, illegal and issued with a predetermined
mind to settle individual grudges of one of the officers.
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The brief facts leading to the filing of the present
petition are as under:
2. The Petitioner is a registered Agri-tourism farm
approved by the department of tourism government of
Haryana. Petitioner got approved and got registered by
the department of tourism government of Haryana in
the year 2008 as a farm tourism venture encouraged
by the Farm Tourism Policy 2008 of the government .
The main focus of Petitioner is recreating culture of
village only for the kids at first hand in agriculture
farm.
3. The Respondent was established in (year) by the
government (?) to improve the
4. That sometime on 18.04.2013 the Excise and
Taxation Department, Bahadurgarh, Jhajjar
proceeded under section 13 and section 14 of the
Punjab entertainment duty act 1955 and 6 officers of
the Excise and Taxation Department, Bahadurgarh,
Jhajjar carried out inspection of the premises of the
petitioner and witnessed all activities going on at the
place and seized advertisement brochures along with
all the relevant documents like the bill books the
stock register and other documents. True copy of the
.. is annexed and marked herewith as ANNEXURE
P-
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5. That while carrying investigation of the documents
and going through every possible corner of the
procedure and legalities the Excise & Taxation Officer
on 14.05.2013 issued a notice to the petitioner and
directed the petitioner to appear by himself on
28.05.2015 before the officer with all the books and
the relevant documents, to explain the documents
which were taken in to custody by the Excise &
Taxation department on 18.04.2013. True copy of the
.. is annexed and marked herewith as ANNEXURE
P-
6. That the petitioner after receiving the abovementioned
notice paid a personal visit with all the demanded
books and documents to explain all whatever is been
asked from the petitioner by the Excise & Taxation
departments officer in furtherance to which the
concerned officer further issued a notice dated
17.06.2013 to the petitioner seeking some more
information in order to assess that whether the
petitioners business and activities carried out at the
place of business comes under the purview of
entertainment tax as per the Entertainment act and
rule 1955, and therefore directed the petitioner to
appear before the concerned officer on 08.07.2013 at
Bahadurgarh, at around 11:00 A.M. with relevant
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documents in petitioners support. True copy of the
.. is annexed and marked herewith as ANNEXURE
P-
7. That on 11.07.2013 the Excise & Taxation Officer-
cum-Assessing Authority, Vide order no. 122A of even
date pronounced its wordict regarding the issue
related to the assessment of taxes especially to the
tune of entertainment tax, whether the petitioner
comes under the purview of entertainment taxes as
per the act and rules of 1955 and is liable to pay it
with penalty or not. After going through the proper
rules and relevant sections of the act it was
specifically held that the activities of the owner were
not covered under the definition of Entertainment
under section 2(d) of the Punjab Entertainment Act
1955. True copy of the .. is annexed and marked
herewith as ANNEXURE P-1
8. It is submitted that True copy of the .. is
annexed and marked herewith as ANNEXURE P-1
9. It is submitted that
10. However to the utter shock and surprise of the
petitioners, the Respondent
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11. It is further important to consider the fact that the
12. It is submitted that the respondent
13. It is submitted that aggrieved by the said notification,
with regard to the .filed a before the . Board to
reinstate the earlier order to maintain high Standards
of . True copy of the filed by the before the
Board is annexed and marked as ANNEXURE P-6.
14. However, in spite of the Board failed to consider
various suggestions put forth by the accredited
institutions/hospitals.
15. It is submitted that
16. The Petitioners having no other alternative and
efficacious remedy have approached this Honble
Court under Article 226 of the Constitution of India.
The petitioners have not filed any other petition on the
same cause of action either itself or through anybody
else. It is also totally against the public interest and
interest of the students and the medical institutions.
Hence the Petitioners are filing this petition on the
following amongst other grounds.
GROUNDS
(i) Because the
(ii) Because the.
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(iii) Because being the.
(iv) Because being the instrumentality of the
respondent is expected to act in most fair,
reasonable and transparent manner. But this
action of the Respondent of not .clearly goes to
show their high handed and arbitrary attitude
towards the .
(v) Because the... However, the board showed a blind
eye to all the. The Respondent is well aware
of the fact that the. Hence in the interest of the
petitioner, the decision needs to be reviewed.
(vi) Because since the
(vii) Because the Supreme court has rightly laid down in
The relevant portion of the judgment reads
as under:
...
(viii) Because the action of the respondent by the notice
dated of coercing the .without the is highly
illegal and arbitrary.
(ix) Because through a notice dated 14 -01 -2011 the
respondent himself stated that
(x) Because it is important to consider that the
Respondent Board has not only been acting in a
high handed, and reckless manner but also in a
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very negligent manner which is very evident from
the fact that the respondent Board has failed to
respond to the various.. This clearly goes to
show the attitude of the Respondent towards
their primary duty.
(xi) Because the facts in the present matter reveal that
the decision taken by the Respondent ..is in
violation of the fundamental rights under Article
14 & 21 of the Constitution of India.
(xii) Because the Respondent Board in issuing the
Impugned notices has failed to appreciate that
the Petitioner rights to
(xiii) Because the Respondent has introduced this
without applying its mind with regard to the
criteria and rules governing the..
(xiv) Because the Respondent Board failed to appreciate
the fact that the Honble Supreme Court has
held that the decision
(xv) Because if, the ..petitioner will be put to
irreparable loss and great injustice.
(xvi) Because the action of the Respondent is illegal
inasmuch as it has assumed to itself the power
of a sole administrator to the
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(xvii) Because the action of the Respondent Board is illegal
on grounds of non-application of mind,
arbitrariness, unreasonableness and for the fact
that it has taken into account irrelevant
considerations and omitted relevant
considerations and is further illegal and violative
of rules
(xviii) In the light of the aforesaid averments the .and
the respondent should not have...
PRAYER:
Therefore, on the facts and in the circumstances of the
case it is most humbly and respectfully prayed that this
Honble court may graciously be pleased to:
A) issue a writ of mandamus or any other
appropriate writ, order or direction to quash and
set aside the order/notice dated ..issued by the
Respondent,
B) issue a writ of mandamus or any other
appropriate writ, order or direction to the
Respondent not to proceed with any further
actions pursuant to the aforesaid impugned
order/notices.
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C) pass such further or other orders which this
Hon'ble Court may deem fit and proper in the facts
and circumstances of the case in the interest of
justice.
PETITIONERS.
THROUGH
Shivendu gaur/Disha Singh
NEW DELHI
DATED: .2017
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IN THE HIGH COURT OF DELHI AT NEW DELHI
WRIT PETITION (CIVIL) NO. OF 2011
In the matter of:
Association of National Board
Accredited Institututions ( ANBAI) & Ors.
PETITIONERS
Versus
Union of India & Anr. RESPONDENTS
URGENCY APPLICATION
To,
The Registrar,
Delhi High Court,
New Delhi.
Sir,
Kindly treat the accompanying application as urgent
in accordance with the Delhi High Court Rules and Order.
The grounds of urgency are as under:
On 17-01-2011 the Respondent Board issued public
notice vide Reference no. NBE/2011/ACC/3147 declaring
that the merit list of enrolled candidates for the January
2011 session shall be published online on 7-02-2011.
Hence since the last date for publication of merit list is 7-
02-2011 stay of the public notice dated 5-7-2010, 31-12-
2010 14-01-2011, 17-01-2011 and 27-01-2011 issued by
the Respondent Board and all further proceedings carried
out in pursuance thereof is prayed for.
Thanking you,
Yours faithfully,
11
New delhi
Dated: advocates.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
WRIT PETITION (CIVIL) NO. OF 2011
In the matter of:
Association of National Board
Accredited Institutions ( ANBAI)
and others PETITIONERS
Versus
Union of India & anr RESPONDENTS
APPLICATION UNDER SECTION 151 CPC OF THE CODE
OF CIVIL PROCEDURE CODE.
To,
The Honble Chief Justice and his companion
Judges of the Honble High Court of Delhi at
New Delhi.
MOST RESPECTFULLY SHOWETH:
1. The Petitioner is filing the present writ petition
under Article 226 of the Constitution of India with a
prayer to this Honble Court to issue a writ of
mandamus or any other appropriate writ, order or
direction for quashing the public notice dated 5-7-
2010, 31-12-2010 and subsequent notification
dated 14-01-2011, 17-01-2011 and 27-01-2011
issued by the second respondent to the Petitioner
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herein which are highly arbitrary, illegal and with a
predetermined mind.
2. That the contents of the writ petition are not being
reproduced herein for the sake of brevity and to
avoid repetition. The petitioner craves leave of this
Honble court to refer to and rely upon the contents
of the petition at the time of arguments. The same
may be read as a part and parcel of this
application.
3. It is submitted that the respondent Board abruptly
changed the admission process of the DNB courses
without consulting the Accredited
hospitals/institutions whereby only the CET results
should be the only qualifying criteria for the
admission process instead of the earlier process of
conducting interview by the Accredited institutions
as per the norms given by the Respondent Board ,
causing great injustice to the Petitioners
Institutions and students and seriously affecting
their statutory rights.
4. The Respondent Board has dispensed with the
requirement of interview for students desirous for
admission in the accredited medical institutions.
The earlier system permitted the institutions to
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hold interview which was based on fair, transparent
and non exploitative criteria. The marks obtained in
the assessment interview was the basis for
selection of students in that particular institutions.
However the new rules of the Respondent Board
has dispensed with the requirement of the interview
and it has further decided that the students shall
be allocated in the institutions on the basis of
marks obtained by them in the CET-DNB Test held
by the Respondent Board which is highly illegal and
without the authority of law.
5. That in view of the facts and circumstances of the
present case and the grounds raised in the present
petition, it is necessary in the interest of justice to
grant stay of the Public Notices dated 5-7-2010,
31-12-2010 and subsequent notification dated 14-
01-2011, 17-01-2011, 27-01,2011 issued by the
second respondent to the Petitioner.
6. The continuance of any further proceedings is
wholly illegal and is likely to cause great irreparable
loss to the Institutions, students and the process
as a whole.
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7. The balance of convenience is in favour of the
Petitioner. In case the stay as prayed for is not
granted the petitioner will suffer irreparable loss
and injury.
8. The present application is being filed bonafide and
in the interest of justice.
Therefore, in the facts and in the circumstances of the
case it is most humbly and respectfully prayed that this
Honble court may kindly be pleased to
I. grant ad-interim ex parte stay of the Public
Notices dated 5-7-2010, 31-12-2010 and
subsequent notification dated 14-01-2011,
17-01-2011, 27-01,2011 issued by the
second respondent to the Petitioner
II. pass such further or other orders which this
Honble Court may deem fit on the facts and
in the circumstances of the case.
PETITIONER.
THROUGH
ADVOCATES.
Dated
