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TMI Blog2021 (2) TMI 313X X X X Extracts X X X X X X X X Extracts X X X X ..... dition thereto, they also seek monitoring of the investigation being conducted by respondent nos.1 to 5 relating to benami transactions, tax evasion and money laundering by respondent nos.6 to 15 as mentioned in the complaint dt.21.08.2019 and 23.08.2019 by this Court as per the judgment of the Supreme Court in Vineet Narain vs. Union of India (1996) 2 S.C.C. 199 for ensuring effective investigation, adjudication and also prosecution of respondent nos.6 to 15 by way of a continuous mandamus. 3. Petitioners also seek a Writ of Mandamus directing the disciplinary authorities of respondent nos.2 to 5 to institute disciplinary proceedings against delinquent officers of the Income Tax Department who are found to be in collusion with respondent nos.6 to 15 under Rule 13 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. 4. Even before filing this Writ Petition, the petitioners had instituted a Civil Suit O.S.No.26 of 2020 on the file of IX Additional District Judge - cum - Commercial Court, Sangareddy against respondent nos.6 to 14 and others for partition of certain land admeasuring Acs.87.26 gts. in Kollur village, Ramachandrapuram Mandal of Sangare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at even the lands covered under these two documents cannot be identified precisely and that they are illegal, null and void on the basis of a maxim nemo dat quod non habet; that both these documents dt.24.12.2002 constitute 'benami transactions' as defined under Section 2(9) of the Prohibition of Benami Property Transactions Act, 1988 because the 2nd defendant (6th respondent in the Writ Petition) utilized Rs. 36,27,000/- to purchase the land even though it had only paid-up share capital of Rs. 1,00,000/-. It is also contended that a complaint dt.21.08.2009 had been lodged with respondent nos.4 and 5, but no action was taken. (f) It is also contended that the 2nd defendant (6th respondent in the Writ Petition) had also purchased various portions in the suit schedule land from the vendors of the petitioners and defendant nos.10 to 350 under six Sale Deeds executed in the year 2005; and it is impossible for the 2nd defendant to do so by generating total sale consideration of Rs. 46,32,750/- plus Registration and Stamp duty charges as its share capital was only Rs. 9,00,630/-; and it is contended that these documents are also 'benami transactions', and entries in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty ceases to be a benami transaction on account of the same having been assessed to Income Tax and Wealth Tax of the Benmidars and the Real Owners. (iii) The amount of the sale consideration mentioned in all the sale deeds should be taken as the sole basis for determining the value of the benami transaction irrespective of the market value of the property. (iv) Even if the acquisition of property constituted a benami transaction, the subsequent sale of the said property by the benamidar would not effect the benami property sold to a bonafide purchaser who had no knowledge or, was ignorant of the benami transaction." 10. However no response from respondents 1 to 5 is filed in support of the above assumptions of the petitioners. 11. The petitioners then indicate why each of these possible stands allegedly being taken by the respondent nos.4 and 5 cannot be accepted by giving certain explanations for them. 12. Therefore, they seek the reliefs mentioned supra against respondent nos.1 to 5. 13. Sri Rakesh Sanghi, Counsel for petitioners, emphasized that persons who indulged in benami transactions/money laundering and evasion of income tax like respondent nos.6 to 15 cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rit Petition; and also wish to use the forum of the High Court to probably coerce the respondent nos.6 to 15 for some settlement. 19. In this regard we may quote the recent decision of the Supreme Court in Tehseen Poonawalla v. Union of India (2018) 6 SCC 72, at page 148 in which certain observations, though made in the context of public interest litigation, equally apply to cases like the instant one. The Supreme Court bemoaned: "98. Frivolous or motivated petitions, ostensibly invoking the public interest detract from the time and attention which courts must devote to genuine causes. This Court has a long list of pending cases where the personal liberty of citizens is involved. Those who await trial or the resolution of appeals against orders of conviction have a legitimate expectation of early justice. It is a travesty of justice for the resources of the legal system to be consumed by an avalanche of misdirected petitions purportedly filed in the public interest which, upon due scrutiny, are found to promote a personal, business or political agenda. This has spawned an industry of vested interests in litigation. There is a grave danger that if this state of affairs is allow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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