Writ petition against dit

Raj (Querist) 03 September 2015 This query is : Resolved
Sir,
My brother has filed the Tax Evasion Petition against FIL on 2012 and then filed the RTI in May 2013 ...The DIT refused to give reply..Then he filed the first appeal which was rejected in july 2013 and therafter he filed the second appeal and waited for nearly 1 year

Received no reply from CIC, he filed the Write Petition before the High court and was admiutted and issued notices to the respondents ..The respondent ahs fileed the reply and is now pending for diaposal for next week...
sudddenly my brother received the notice of CIC and hearing will be scheduled for last week of septemeber

In such circumstances what approach is best before the High Court?
Whether he should furnish the recent update of hearing of CIC ?(HE HAS MENTIONED IN THE PETITION THAT HE FILED THE SECOND APPEAL)
or allow the High court to dipose the petition on merits??

Please guide us

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Anirudh (Expert) 03 September 2015
If the HC hearing is before the date of hearing before CIC, you should definitely keep HC informed about the latest development.

If you hide the fact that your case has already been fixed for hearing by end of September, then you will be cheating the system. If the opposite party comes and informs the Court (which it may), then your position will be highly awkward. It is better to Tell the HC yourself instead of by the Respondent.

Rajendra K Goyal (Expert) 03 September 2015
Bring the fact of hearing fixed by CIC before the court on date of hearing.

Raj (Querist) 03 September 2015
Thanks for reply
1 surely, we will inform to the H.C that CIC notice/date of hearing has now been fixed..surely we cannot ask the CIC to conduct the hearing prior to the H.C

nOW i SEEK THE GUIDANCE:

1 What should be ousr next startegy?? whether we shall withdraw the writ petition so that CIC could gives its decision failrly?
2 Or we shall made request the H.C to pass approparaite orders???

Surely your advice will be helpful for disposing of the petition without any adverse effect...