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2018 (2) TMI 1907 - RAJASTHAN HIGH COURTOffence under Prohibition of Benami Property Transactions Act, 1988 - property in question is being held by the benamidar - HELD THAT:- Respondent No.3 in the impugned order has taken into consideration the information received from the Income Tax Department as well as the reply to the show cause notice filed on behalf of Aditya Parakh and Tara Chand Parakh and after recording detailed reasons has passed the order under Section 24(4) of the PBPT Act. The respondent No.3 has formed a prima facie opinion that the property in question is being held by the benamidar and it is a fit case to refer it to the adjudicating authority. After hearing learned counsel for the petitioner and after perusing the material available on record and the order dated 18.11.2017 passed by the Initiating Officer under Section 24(4) of the PBPT Act, it cannot be said that the respondent No.3 has passed the order dated 18.11.2017 without there being any material on record. This Court at this stage cannot record a finding to the effect that Shri Aditya Lodha cannot be termed as benamidar or the property in question is not a benami property. It is for the adjudicating authority to adjudicate upon the matter, referred to it by the Initiating Officer, after providing opportunity of hearing to Shri Aditya Lodha as per the provisions of Section 26 of the PBPT Act. Hence, no case for interference is made out, therefore, the writ petition fails and is hereby dismissed in limine.
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