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2020 (2) TMI 877 - HC - Benami PropertyProhibition of Benami Property Transactions Act 'provisional attachment' of the property has been ordered till the final adjudication - power to confiscate the property - HELD THAT:- Show cause notice was issued to the Appellants on 02.05.2019, which was served on 09.05.2019 and pursuant to their request, notice was also served on the Appellants in 'Hindi', by post, on 04.06.2019. On submitting a reply to the show cause notice, it was considered and the 2nd Respondent found that the particulars furnished by the Appellants did not reconcile with the materials on record. It was accordingly, that a prima facie finding was rendered to the effect that the matter required to be proceeded further; thus passing Annexure P/1 order of provisional attachment in terms of the mandate under Section 24 (5) of the Act of 1988. Annexure P/1 provisional attachment was later confirmed, pending final adjudication, vide Annexure P/2 dated 27.08.2019. Considering the sequence of events and the nature of challenge raised by the Appellants/writ Petitioners, in the light of the version put forth by the Respondents as discussed by the learned Single Judge, it is evident that no prejudice has been caused to the Appellants/Petitioners in any manner, because of the 'provisional attachment'. This is more so, in view of the submissions made by the learned counsel for the Appellants during the course of hearing, that the Petitioners/Appellants would undertake that they would not alienate the properties till the adjudication is finalized. If the Appellants do not have any intention to alienate the property, they need not feel worried about Annexures P/1 and P/2 'provisional attachment'. What will be the course of action to be ordered by the 2nd Respondent on culmination of the adjudication proceedings, is a matter which is still to be ascertained. How the properties of the Appellants/Petitioners, covered by the Annexure P/3, are going to be dealt with by 2nd Respondent is yet to be decided. Whether any provisions of the statute which are 'substantive' in character would be applied retrospectively by the 2nd Respondent, is also not known; which can be considered only after passing the final order. The very purpose of passing 'provisional order of attachment', pending adjudication, is only to see that no third party interest is created over the property. When the Appellants concede that they do not have any intent/idea to alienate the properties, there cannot be any genuine grievance in this regard as well. The Annexures P/1 and P/2 order passed by the proceedings issued by the 2nd Respondent are only of interim measure; which is only to sub-serve the final verdict and always subject to the outcome of the adjudication. This Court finds that the interference declined by the learned Single Judge is not liable to be assailed under any circumstance.
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