TMI Blog2018 (7) TMI 2203X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hibition) to furnish the entire set of documents referred by the petitioner in his letters dated 23.03.2018 and 21.05.2018 and in W.P. Nos. 13160 and 13161 2018, the petitioner has challenged the order passed under section 24(4) of the Benami Property Transactions Act, 1988. 3. The petitioner is stated to be the beneficial owner of the property in question. First, I take up W.P. No. 12848 of 2018. The petitioner has made two representations, the latest of which being 21.05.2018. Pursuant to the earlier representation dated 23.03.2018, the Department has furnished copies of the following materials:- (i) Copy of sworn statement recorded from Shri Anand Parekh dated 16.03.2018; (ii) Copies of the Inspection Reports in case of M/s. Sur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 5. The petitioner also requests copy of sworn statement recorded from him. This statement was also 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 proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certified copy of sworn statement recorded from the petitioner during course of survey proceedings, within a period of one week from the date of receipt of a copy of this order and the order of interim stay granted in this writ petition is vacated. 8. For the reasons stated, above, the relief sought for in W.P. Nos. 13160 13161 of 2018 cannot be granted and therefore, the writ petitions are dismissed and the order of interim stay granted in these writ petitions are vacated. 9. The adjudicating authority under the Act has issued show cause notice and fixed the hearing on 02.08.2018. It is well open to the petitioner to raise all contentions before the adjudicating authority and the matter shall be proceeded in accordance with law. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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