9911796707
TMI Blog2022 (5) TMI 1233X X X X Extracts X X X X X X X X Extracts X X X X ..... attention of this Court has been invited to an undertaking contained in paragraph 24 of the petition whereby the petitioners have undertaken not to alienate the said property and the averments have also been properly verified in the accompanying affidavit. Shri Goswami, learned Senior Counsel further submits that the petitioners are ready and willing to submit the reply to the show cause notice which is an obligation under Section 24(1) of the Act and prays for time of two weeks for the said purpose. This Court is of the view that interest of justice would be served if a period of 10 days is granted to the petitioners to submit the reply to the show cause notice dated 30.03.2022. In the event, the reply is filed within 10 days from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of Benami Property Transactions Act, 1988 (for short referred to as the Act) whereby, the property of the petitioner no. 1 has been sought to be attached. The grounds of challenge, amongst others is violation of the procedure, including the requirement to arrive at a satisfaction before forming an opinion that the property in question may be alienated during the period specified in the notice. 5. It is the case of the petitioners that in relation to a particular property of which the petitioner no. 1 is the de jure owner, alleging that the petitioner no. 2 is the benamidar, a proceeding was initiated under section 24 of the Act in question. It is the specific case of the petitioners that though a reply is required to be filed in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court to another note dated 30.03.2022 of the Deputy Commissioner from where it appears that after consideration of certain facts and circumstances, a satisfaction was arrived at that the asset in question might be alienated and therefore, the approval was sought for from the appropriate authority. The said note was duly considered by the appropriate authority and necessary approval was also given on the same date i.e., 30.03.2022. The learned CGC, accordingly submits that there is no error in the procedure adopted as from the note dated 30.03.2022, it is prima facie clear that a satisfaction was arrived at that the asset might be alienated. 9. Rejoining his submission, Shri Goswami, learned Senior Counsel has submitted that even witho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on under Section 24(1) of the Act and prays for time of two weeks for the said purpose. 13. After considering the same, this Court is of the view that interest of justice would be served if a period of 10 days is granted to the petitioners to submit the reply to the show cause notice dated 30.03.2022. 14. In the event, the reply is filed within 10 days from today i.e., 06.06.2022, the respondent authorities would consider the same strictly in accordance with the provisions laid down in Section 24 of the Act. 15. It is needless to state that the proceedings impugned in this writ petition, namely, order dated 31.03.2022 will not be given effect to in view of the clear undertaking given by the petitioners in the writ petition suppor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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