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2024 (5) TMI 825

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..... N'BLE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA AND HON'BLE MR. JUSTICE MUNNURI LAXMAN For the Petitioner(s) : Mr. Sharad Kothari Mr. Mayank Taparia Mr. Pranjul Mehta Mr. Aditya Gupta For the Respondent(s) : Mr. Mahaveer Bishnoi, AAG Mr. Rajvendra Saraswat ORDER PER   1. Heard. 2. Learned counsel for the State would submit that various notifications passed from time to time .....

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..... tion 73 of the Act of 2017 on Joint Commissioner (Investigation) Enforcement Wing, Rajasthan-I, Jaipur in relation to entire State of Rajasthan including Udaipur as notification dated 25.02.2020 confers jurisdiction to act as adjudicating authority within respective jurisdiction and not beyond that. 4. On the other hand, learned counsel for the State would submit that notification dated 25.02.202 .....

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..... ughout the State. 6. On prima facie considerations, we find that for the purposes of exercising powers of adjudicating authority under Section 73 of the Act of 2017, proper officer would be one who has been assigned that function as adjudicating authority. While notification dated 25.02.2020 provides that for the purposes of exercising powers under Section 73 of the Act of 2017, the officers of t .....

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..... restrained from taking any coercive action against the petitioner pursuant to the impugned order dated 04.01.2024. 10. Learned counsel for the respective respondents are granted three weeks' time to file their return followed by rejoinders that may be filed within a further period of two weeks. 11. List the matter on 12.07.2024. 12. Considering the nature and importance of issue raised in this .....

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