1

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,
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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