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TMI Blog2024 (5) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... tion - power of Joint Commissioner (Investigation) Enforcement Wing, Rajasthan I, Jaipur to exercise powers and functions of adjudicating authority under Section 73 of the Act of 2017 - whether notification dated 25.02.2020 confers blanket powers on the Joint Commissioner, Deputy Commissioner and Assistant Commissioner in the matter of exercise of powers under Section 73 of the Act of 2017? - HELD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than I, Jaipur has been extended beyond his jurisdiction including Udaipur jurisdiction. List the matter on 12.07.2024. - HON'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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the case of the petitioner inasmuch as the notifications do not confer power of adjudication under Section 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wers under Section 73 of the Act of 2017 and unless otherwise directed, such power is exercisable throughout 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 provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion under the law to issue notice and to pass the impugned order. 9. Accordingly, respondents are 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. Lis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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