TMI Blog2022 (8) TMI 426X X X X Extracts X X X X X X X X Extracts X X X X ..... nced any judgment prior to 08.10.2021 and on that day, Mr. Hari Govind Singh, who was only holding additional charge ceased to be Adjudicating Authority, New Delhi. A writ is maintainable when there is a right. In the absence of any right, a writ cannot be passed. The Appellant has not been able to demonstrate violation of any right or breach of any notification which states that an Authority should pronounce the judgment in a matter heard by it even after the person, who heard the matter, has ceased to occupy the chair. This Court, therefore, does not find any reason to interfere with the judgment passed by the learned Single Judge in the Writ Petitions. - LPA 430/2022 & CM APPLs. 31585/2022, 31586/2022, 31587/2022, LPA 431/2022 & CM APPLs. 31609/2022, 31610/2022, 31611/2022, LPA 432/2022 & CM APPLs. 31616/2022, 31617/2022, 31618/2022 - - - Dated:- 5-8-2022 - HON BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA, C.J. AND HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD Appellant Through: Mr. Rishi Agrawala, Ms. Niyati Kohli, Mr. Ankit Banati, Mr. Shravan Niranjan, Mr. Prabhav Bahuguna, Advocates Mr. Vijay Aggarwal, Mr. Hardik Sharma, Ms. Barkha Rastogi, Mr. Abhiraj, Advocates ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be authorized to pass judgments within a relevant period of time in the matters which have already been reserved for judgment; 3. Shorn of details, the facts in brief, leading to the present appeals are as follows:- i. It is stated that on 10.08.2019, provisional Attachment Orders were passed by the Initiating Officer under the Prohibition for Benami Property Transactions Act, 1988 (hereinafter called as 'Benami Act'). ii. It is stated that Section 7 of the Benami Act was amended by Section 155 of the Finance Act, 2021, whereby the Competent Authority authorized under Section 5(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, was designated as the Adjudicating Authority competent to exercise jurisdiction, powers and authority under the Benami Act. iii. It is stated that proceedings commenced before the Adjudicating Authority, New Delhi under the Benami Act and arguments were heard, on 01.02.2021 02.02.2021, and orders were reserved on 02.02.2021 by the Adjudicating Authority, New Delhi. iv. A notification bearing No. S.O.966(E) dated 27.02.2021 was issued by the Ministry of Finance stating that in resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Adjudicating Authority at New Delhi. xii. Aggrieved by the said judgment, the present appeals have been filed. 4. Heard learned Counsel for the Appellants and the Respondents, and perused the material on record. 5. Mr. Vijay Aggarwal, learned Counsel for the Appellants, contends that since Mr. Hari Govind Singh had heard the matter, he ought to have pronounced the judgment as time had been extended in all these cases upto 31.03.2022 and he ought to have been directed to pass the judgment. He further places reliance on the judgment of a Bench of three Judges of this Court in Karan v. State NCT of Delhi, CRL.A. 352/2020 dated 27.11.2020. Reliance has also been placed on the judgments of the Apex Court in Gullapalli Nageswara Rao Ors. v. Andhra Pradesh State Road Transport Corporation Anr., AIR 1959 SC 308 and State of M.P. v. Bhooraji Ors., (2001) 7 SCC 679. 6. The facts in the present cases reveal that Mr. Hari Govind Singh was the Adjudicating Authority, Mumbai, and was given only additional charge to function as the Adjudicating Authority, New Delhi. On the day Mr. Sanjog Kapoor was appointed as an Adjudicating Authority, New Delhi on 08.10.2021, Mr. Hari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has ceased to occupy the post. Further, the notification dated 17.09.2021 only extended the period from 30.09.2021 to 31.03.2022 to deliver judgments in cases where the Adjudicating Authority was yet to deliver its judgments. The notification dated 17.09.2021 on which reliance has been placed reads as under:- S.O. 3814(E).- In exercise of the powers conferred by sub-section (1) of section 3 of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020) (hereinafter-referred to as the said Act), and in partial modification of the notifications of the Government of India in the Ministry of Finance, (Department of Revenue) No. 93/2020 dated the 31st December, 2020, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 4805(E), dated the 31st December, 2020 and No. 10/2021 dated the 27th February, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii),vide number S.O. 966(E) dated the 27th February, 2021and No. 20/2021 dated the 31st March, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O 1 ..... 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