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2019 (4) TMI 2086 - HC - Benami PropertyProhibition of Benami Property Transactions - powers exercised by the Adjudicating Authority which has limited jurisdiction either to adjudicate property benami - order passed by the learned Single Judge staying order of Adjudicating Authority passed under Section 26(3) of the Act 1988 - As submitted that Ld. Single Judge overlooked nature of directions given by Adjudicating Authority and irrespective of the fact that whether respondent is benamidar or beneficial order after giving opportunity of hearing upon issuance of show cause of notice and order was passed and, therefore, it is not violative of principles of natural justice. HELD THAT:- As challenging to the order passed by learned Single Judge in exercise of extraordinary jurisdiction under Article 226 and 227 of the Constitution of India, we are of the view that all contentions including that of powers conferred upon Adjudicating Authority under Section 26(1) (3) and whether such powers conferred upon Adjudicating Authority vis-a-vis jurisdiction, all can be raised before Appellate Tribunal exercising vide appellate powers under Section 46 of the Act 1988. Even after the order is passed by the Appellate Tribunal further appeal is provided before the High Court under Section 49 of the Act 1988, we are of the considered opinion in view of decision of the Apex Court in the case of Thansingh Nathmal & Ors. [1964 (2) TMI 79 - SUPREME COURT] that High Court is not to interfere with the order passed by the Adjudicating or Competent Authority when inbuilt efficacious alternative remedies are available, we find that oral order passed by learned Single Judge is accordingly deserves to be stayed till further order till final disposal of the petition.
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