9911796707
TMI Blog2023 (3) TMI 1391X X X X Extracts X X X X X X X X Extracts X X X X ..... om which, all are incorrect address. Due to which, the notices sent to the petitioner were returned with an acknowledgment no such person . Hence, the present impugned order was passed in the absence of the petitioner - HELD THAT:- This Court is of the view that, expressing any opinion on the merits of the case would adversely affect the interest of the petitioner as well as the respondents. This Court has to see whether any opportunity was given to the petitioner before passing the impugned order. A perusal of the impugned order reveals that, the petitioner had not appeared before the adjudicating authority. In his absence, the present impugned order is passed, which is in violation of principles of natural justice. In view of the abov ..... 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 respondent under Section 26(3) of the PBPT Act, without providing any opportunity to the petitioner. Challenging the same, the above writ petition is filed before this Court. 4. The learned counsel for the petitioner submits that, without providing any opportunity to the petitioner, the first respondent has passed the impugned order, which is in v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In view of the above, the impugned order in F.No.OCA/MDS/592/2022 PBPT dated 14.02.2023 passed by the first respondent under Section 26(3) of the Prohibition 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 Authority is directed to pass appropriate orders, on merits and in accordance with law, within a period of two weeks thereafter. 9. Accordingly, the Writ Petition is disposed of. No costs. Cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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