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TMI Blog2025 (1) TMI 1333X X X X Extracts X X X X X X X X Extracts X X X X ..... Sweets, Laxmi Nagar, Delhi; d) Ellora Buildtech Private Limited, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi; e) Kritunairu Builders and Developers Private Limited, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi; f) Seven Heaven Infrabuild Private Limited Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi; g) Visit India Voyages Private Ltd, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi; h) Alesh Information Technology Private Limited, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi; i) Solestar Infrastructure Private Limited Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi; j) Vedna Trading Private Limited, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi; k) One Point Associates, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi; l) Delight Business Solutions, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lled by him. 6. Pursuant thereto, notices were issued under Section 24 (1) and (2) of the Act requiring Petitioners to show cause as to why the properties owned by these entities ought not to be treated as benami property. These notices were issued on different dates, namely 14th December, 2021, 15th December, 2021 and 30th December, 2021. Pursuant to these notices, the provisional attachment orders were passed under Section 24 (3) of the Act on 16th December, 2021 and 31st December, 2021. The Initiating Officer then took steps under Section 24 (4) of the Act: (i) to get the approval from the Approving Authority i.e., Additional Commissioner or a Joint Commissioner and (ii) confirm these provisional attachment of benami property till the end of these benami proceedings under Section 26 of the Act. 7. The provisional attachment orders, upon receiving the approvals, were confirmed on 29th March, 2022, 30th March, 2022 and 31st March, 2022. Thereafter the Initiating Officer made a reference to the Office of Competent Authority and Administrator, Revenue Department (hereinafter 'the Adjudicating Authority') on 11th April, 2022 for adjudication of the proceeding. 8. The Adjudicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty of the petitioners (Annexure P-3) dated 16.12.2021 & 31.12.2021 under section 24 (3) of the Prohibition of Benami Property Transactions Act, 1988; F. Quash the approval accorded by the approving authority (Annexure P-4) dated 16.12.2022 in terms of Section 24 (3) of Prohibition of Benami Property Transactions Act, 1988 for provisionally attaching the property of the petitioners; G. Quash the order passed by the Initiating Officer (Annexure P-5) dated 29.3.2022, 30.3.2022 & 31.3.2022 in terms of Section 24(4)(a)(i) of the Prohibition of Benami Property Transactions Act, 1988 continuing the provisional attachment of the property with the prior approval of the Approving Authority; H. Quash the reference made to the Adjudicating Authority (Annexure P-6) dated 11.4.2022 in terms of Section 24(5) the Prohibition of Benami Property Transactions Act, 1988; I Quash the notices (Annexure P-7) dated 26.4.2022 issued under section 26 (1) of the Prohibition of Benami Property Transactions Act, 1988 by the Adjudicating Authority as the entire proceedings are completely non-est in law." 9. Subsequently, orders under Section 26 (3) of the Act, declaring the attached properties as be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arties. Perusal of the present proceedings would show that, the writ petition was initially filed at the stage when the orders under Section 26 (3) of the Act were yet to be passed. However, after the said orders were passed, an application under Order 6 Rule 17 of Civil Procedure Code, being I.A. No.13190/23, was filed by the Petitioners seeking amendment of the writ petition and to seek further relief for quashing of the said orders under Section 26 (3) of the Act. This application also sought to place on record the orders passed under Section 26 (3) of the Act. Notice was issued in this application on 16th May, 2023 and the said amendment application is still pending adjudication before this Court. 14. The Petitioners, for whatever reason, have sought to raise very broad challenges to the provisions itself in this writ petition. They have also brought on record the orders passed by the Adjudicating Authority under Section 26 (3) of the Act. The Petitioners, under normal circumstances, would have been entitled to file the appeals before the Appellate Tribunal, however, the Petitioners did not avail of the said remedy when available, and had chosen to dispute the vires of the fou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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