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2018 (7) TMI 2203 - HC - Benami PropertyBenami Property Transactions - orders of provisional attachment - beneficial owner of the property - petitioner seeks for issuance of a Writ of Mandamus to direct the 1st respondent to furnish the entire set of documents referred by the petitioner - HELD THAT:- As the request for any other sworn statements taken during the survey proceedings on 09.03.2017 is absolutely vague. Apart from that, the proceedings were not conducted by the 1st respondent but by the 2nd respondent. Therefore, to seek any other sworn statements recorded by the 2nd respondent from the 1st respondent is not maintainable and therefore, such request has to be rejected and accordingly, rejected. Petitioner also requests copy of sworn statement recorded from him s recorded by the 2nd respondent during the course of survey proceedings - This court is inclined to entertain the request made by the petitioner for the reason that statement which was recorded from the petitioner by the 2nd respondent during the course of survey proceedings shown to be prima facie used for issuing notice under the provisions of Benami Property Transactions Act - provisions of natural justice is met. This statement is given especially when the matter has already culminated in an order under section 24(4) of the Act, therefore, to the said extent alone, the petitioner would be entitled for the relief. Accordingly, the 1st respondent is directed to provide the certified copy of the statement given by the petitioner in the survey proceedings which was admitted, within a period of one week from the date of receipt of a copy of this order. Challenge order passed under section 24(4) of the Benami Property Transactions Act, 1988 - As the prayer sought for by the petitioner is not maintainable, since the order passed under section 24(4) of the Act is being an order of provisional attachment and the petitioner cannot be stated to have been aggrieved over such order, especially, when the adjudicating authority under the Benami Act has already initiated proceedings under section 24(4) of the Act, which is only a provisional attachment and cannot be permitted to stall the adjudication under the Act by the adjudicating authority.
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