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TMI Blog2023 (3) TMI 1391X X X X Extracts X X X X X X X X Extracts X X X X ..... ner : Mr.R.Sivaraman For the Respondent : Mr.N.Ramesh Senior Panel Counsel [R1], M/s.M.Sheela Special Government Pleader [R2] ORDER This Writ Petition has been filed seeking for a Writ of Certiorari, to call for the records on the file of the first respondent and quash the impugned order in F.No.OCA/MDS/592/2022 - PBPT dated 14.02.2023 by the first respondent passed u/s. 26(3) of the Prohibiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated that he was only carrying the said cash at the instance of the petitioner. Thereafter, proceedings under the Prohibition of Benami Property Transactions Act, 1988 (in short 'PBPT Act') have been initiated against the petitioner as well as the said Nathar Sahib by the respondents and the impugned order in F.No.OCA/MDS/592/2022 - PBPT, dated 14.02.2023 had been passed by the first res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... returned with an acknowledgment "no such person". Hence, the present impugned order was passed in the absence of the petitioner and there is no violation in the order passed by the first respondent. Therefore, he prays for dismissal of the above writ petition. 6. Heard Mr.R.Sivaraman, learned counsel for the petitioner, Mr.N.Ramesh, learned Senior Panel Counsel appearing for the first respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Benami Property Transactions Act, 1988, is set aside and the matter is remitted back to the first respondent for fresh consideration. Further, the petitioner is directed to appear before the first respondent-Adjudicating Authority within a period of one week from the date of receipt of a copy of this order and after giving opportunity to the petitioner, the first respondent-Adjudicating Authori ..... X X X X Extracts X X X X X X X X Extracts X X X X
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