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2021 (2) TMI 313 - HC - Benami PropertyBenami transactions/money laundering and evasion of income tax - real-estate transactions allegedly undertaken by respondent nos.6 to 15 - seek monitoring of the investigation being conducted by respondent nos.1 to 5 relating to benami transactions, tax evasion and money laundering by respondent nos.6 to 15 as mentioned in the complain - Petitioners also seek a Writ of Mandamus directing the disciplinary authorities of respondent nos.2 to 5 to institute disciplinary proceedings against delinquent officers of the Income Tax Department who are found to be in collusion with respondent nos.6 to 15 under Rule 13 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 - HELD THAT:- Without knowing the defence of defendants in the suit (because Written Statement of the defendants has not been filed) it is difficult to get a complete picture to draw any conclusion in the matter. Also, petitioners by leading evidence in the suit and by cross- examining witnesses for respondent nos.6 to 15 could prove their contentions in the suit. This Court is not inclined to go into the several contentions advanced in the Writ Petition and conduct a parallel enquiry to that which would happen in the civil suit when it would go to trial. On the basis of the material placed before this Court by the petitioners, i.e., copies of complaints made by counsel for petitioners, plaint in O.S.No.26 of 2020 and copies of the sale deeds referred to above, no adverse inference can be drawn against respondent nos.3 to 5 of any collusion with respondent nos.6 to 15 at all. We are also of the opinion that aspersions cannot be cast on officers of Government Departments solely on the basis of suspicions and assumptions of the petitioners tarnishing their reputation. There are several disputed questions of fact which would arise for consideration in the suit filed by the petitioners against 350 defendants including respondent nos. 6 to 15 herein. Petitioners want to buttress their pleadings in the suit by extracting information from the Income Tax authorities regarding respondent nos. 6 to 15 who are opponents of petitioners by filing the instant Writ Petition; and also wish to use the forum of the High Court to probably coerce the respondent nos.6 to 15 for some settlement. Filing of this Writ Petition is an abuse of process of Court and this Court cannot allow itself to be used as a private investigator by the petitioners to prove their contentions in the civil suit or to coerce the respondents for a possible settlement under threat of a prosecution from respondents 1-5 under the various statutes referred to above. Writ Petition does not deserve to be entertained by this Court, and it is accordingly dismissed at admission stage with costs.
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