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2009 Supreme(SC) 2009

SUPREME COURT OF INDIA
S.H. Kapadia, Aftab Alam, JJ.
Rakesh Kumar Goal and others - Petitioner
Versus
Uttar Prdesh State Industrial Devolpment Corporation Limited and others - Respondent
SLP (C) No. 15873 of 2006
Decided On : 24-04-2009

Advocate Appeared:
For the Petitioner:Amit Sharma, Anupam Lal Das and Arpit Gupta, Advocates.
For the Respondent:Shyam Divan, Senior Advocate (Pawan S. Bindra, Ms Kavita Wadia, Rakesh Uttamchandra Upadhyay, T.K. Joseph, Ajay Rai and Anil Nag, Advocates.

Headnote:

Constitution of India, 1950, Articles 14 and 136 - Public Accountability and Vigilance- Allegations against the petitioner being indulging in a land scam- Affidavit giving credentials of the petitioner with regard to the fraud allegedly committed of more than rupees one thousand crores- As State of UP remained absent despite notice, Law Secretary directed to remain present on next hearing- In the meantime, petitioner directed to file all his income tax returns of the last eight years . [Paras 1 and 2]

ORDER :

S.H. Kapadia, J.

Despite notice, the State of U.P. has remained absent. In this case serious allegations are made against the petitioner on the basis of the petitioner indulging in a land scam. An affidavit has been filed by the Deputy Manager, U.P. State Industrial Development Corporation Ltd. giving credentials of the petitioner with regard to the fraud allegedly committed of more than rupees one thousand crores. Several cases are pending before the criminal courts under the Penal Code, 1860 as well as under the Gangster Act. Although the present case arises from an auction-sale, we want to know from the State of U.P. as to on what basis people with such credentials are allowed to take part in the auction and why is the State not responding to the petition.

2. In the circumstances, we are directing the Law Secretary to remain present in this Court on 14.7.2009. Matter to come up on 14.7.2009, first on board before this Court. In the meantime, we are directing the petitioner to file all his income tax returns of the last eight years in this Court in order to ascertain his financial capacity to make bids in various auction-sales which have taken place in the last couple of years in the State of U.P. We also want the petitioner to convey the particulars of the Commissioner under the Income Tax Act within whose jurisdiction his returns are being filed under the Income Tax Act.

Court Masters

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