Dismissed

Initiating Officer Under the Pbpt Act and v. Sri. Kempe Gowda

Karnataka HC1 Mar 2024WA/1138/2023

Case brief

AI extract

What is this about?

Single Judge allowed the Writ Petition by following a recent Apex Court decision. This Division Bench held that the writ appeal is unnecessary to maintain and dismissed it, leaving revenue with liberty to seek recall of the order if the review petition is allowed.

What did the court decide?

Writ Appeal dismissed with liberty to Revenue to recall order if review petition allowed.

Initiating Officer Under the Pbpt Act and Vs Sri. Kempe… — Money Laundering | Karnataka HC (2024)

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NC: 2024:KHC:8705-DB WA No. 1138 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF MARCH, 2024

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PRESENT

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THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

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WRIT APPEAL NO. 1138 OF 2023 (GM-RES)

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BETWEEN :

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INITIATING OFFICER UNDER THE PBPT ACT AND DEPUTY COMMISSIONER

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OF INCOME TAX (BP) NO. 208, 2^ND FLOOR

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C R BUILDING QUEENS ROAD BENGLAURU - 560 001

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Digitally signed by AMBIKA H B Location: HIGH COURT OF KARNATAKA

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THE ADJUDICATING AUTHORITY UNDER THE PROHIBITIONOF BENAMI PROPERTY TRANSACTION ACT 1988 ROOM NO. 26, 4^TH FLOOR HEEVANDEEP BUILDING PARLIAMENT STREET NEW DELHI - 110 001

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UNION OF INDIA MINISTRY OF FINANCE THROUGH ITS SECRETARY (REVENUE) DEPARTMENT OF REVENUE NORTH BLOCK NEW DELHI - 110 001

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…APPELLANTS

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(BY SRI. DILIP M, ADVOCATE)

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2 - NC: 2024:KHC:8705-DB WA No. 1138 of 2023

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AND :

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SRI. KEMPE GOWDA S/O LATE APPEGOWDA AGED ABOUT 78 YEARS RESDING AT HULLENAHALLI VILLAGE DHUBHA HOBLI, HASAN TALUK HASSAN DISTRICT

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SRI. H K SURESH S/O SRI. KEMPEGOWDA AGED ABOUT 45 YEARS R/AT NO.13, 1^ST MAIN ROAD CHANDRA LAYOUT VIJAYA NAGAR BENGALURU - 560 040

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…RESPONDENTS

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THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.50104/2019 (GM-RES) DATED 07/12/2022.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, T.G.SHIVASHANKARE GOWDA J. , DELIVERED THE FOLLOWING:

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JUDGMENT

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Heard Shri M.Dilip, learned Standing Counsel for the Revenue on both merits and on delay.

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Shri M.Dilip submitted that the Hon'ble Single Judge has allowed the Writ Petition by following the decision of Hon'ble Apex Court in Union of India Vs. Ganapathi Dealcom Pvt. Ltd. [Civil

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Appeal No.5783/2022 (DD.23.08.2022)] . Revenue has filed a

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3 - NC: 2024:KHC:8705-DB WA No. 1138 of 2023

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Review Petition before the Hon'ble Apex Court challenging the said order.

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Therefore, it would be unnecessary to maintain this writ appeal and it is accordingly, dismissed with liberty to the Revenue to file an application to recall this order in the event Revenue's Review Petition is allowed by the Hon'ble Apex Court. Consequently, I.A.No.2/2023 for condonation of delay also stands dismissed.

No costs.

Sd/CHIEF JUSTICE

Sd/JUDGE

AHB

List No.: 1 Sl No.: 49

Initiating Officer Under the Pbpt Act and v. Sri. Kempe Gowda

Case brief

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Initiating Officer Under the Pbpt Act and v. Sri. Kempe Gowda

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