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2022 (5) TMI 594 - HC - Benami PropertyProhibition Benami Property Transactions - change of the Adjudicating Authority - grievance of the petitioners essentially is that on more than one occasion the Adjudicating Authority constituted under the Prohibition for Benami Property Transactions Act, 1988 [“1988 Act”] has been transferred out after final hearing of matters had been concluded and orders reserved - HELD THAT:- As the change of the Adjudicating Authority firstly came about by virtue of the statutory amendments which were introduced. Further although the Adjudicating Authority of Mumbai who held additional charge of Delhi had reserved orders on 16 September 2021, no final verdict was rendered prior to appointment of Mr. Sanjog Kapoor in October 2021. From the aforesaid it is manifest that no wrongdoing can be fastened upon the respondents nor can they be held accountable for a failure on the part of the erstwhile Adjudicating Authority to have rendered final judgment prior to the appointment and posting of Mr. Sanjog Kapoor in October 2021. The Court further finds its unable to either countenance or discern an indefeasible right which may be recognised in law as inhering in the petitioners to seek continuance of the authority who had heard the matter on 16 September 2021 despite the appointment of Mr. Sanjog Kapoor in October 2021. Once that officer came to be appointed as the competent authority for SAFEMA, he statutorily and by operation of law also became the Adjudicating Authority for the purposes of the 1988 Act. Admittedly, the authority who had heard the matter had not rendered judgment prior to 1 October 2021. The consequences which would flow from the appointment which was made on 1 October 2021 could not have possibly been interdicted by any administrative order directing the continuance of the officer who had reserved orders on 16 September 2021. The reliance placed by learned counsel for the petitioners on certain practice directions which this Court follows while effecting transfers of Judicial Officers is noticed only to be rejected. This since the appointment of Mr. Sanjog Kapoor was validly made and in any case does not form subject matter of challenge. The petitioners as noted above cannot not claim any right which may be enforced under Article 226 of the Constitution to seek the continued posting of Mr. Hari Govind Singh notwithstanding the appointment of Mr. Sanjog Kapoor in October 2021. Regard must also be had to the undisputed fact that Mr. Hari Govind Singh was essentially appointed as the Adjudicating Authority to deal with matters placed before the Bench dealing with matters relating to the 1988 Act at Mumbai. He had only been granted additional charge of the Bench at New Delhi. Viewed in that light there was a clear and continuing imperative operating upon the respondents to make a regular appointment of an Adjudicating Authority insofar as the Bench at Delhi is concerned.
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