Dismissed

Chandra Mohan Bhati, Son of Shri Gendi Lal v. Union of India, through the Secretary, Ministry of Law and Justice

Rajasthan HC16 Nov 2021CW/14400/2018

Case brief

AI extract

What is this about?

C.J. (Rekha Borana, J.) dismissed writ petitions challenging Section 32(2)(a) of the Prohibition of Benami Property Transactions Act, 1988. The court held the challenge premature as the final order by the adjudicating authority was pending.

What did the court decide?

Petitions disposed of; challenge to Section 32(2)(a) held premature as final adjudication order was pending.

Chandra Mohan Bhati, Son of Shri… — Constitutional and Fundamental Rights | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 14400/2018

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Chandra Mohan Bhati, S/o Shri Gendi Lal Bhati, aged about 53 years, R/o 17, Kalyan Nagar, Barkat Nagar, Tonk Phatak, Jaipur in the State of Rajasthan

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----Petitioner

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Versus

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Union of India, through the Secretary, Ministry of Law and Justice, 4^th Floor, A Wing, Rajendra Prasad Road, Shastri Bhavan, New Delhi-110001

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Union of India through the Secretary, Ministry of Finance (Department of Revenue), No. 137, North Block, New Delhi-110001

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----Respondents

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Connected With

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D.B. Civil Writ Petition No. 13610/2018

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Kishan Singh, S/o Shri Gopal Singh, aged about 50 years, R/o 13, Jai Kishan Colony, Tonk Phatak, Jaipur in yhe State of Rajasthan.

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----Petitioner

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Versus

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Union of India, through the Secretary, Ministry of Law and Justice, 4^th Floor, A Wing, Rajendra Prasad Road, Shastri Bhavan, New Delhi- 110 001.

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Union of India, through the Secretary, Ministry of Finance (Department of Revenue) No. 137, North Block, New Delhi- 110 001.

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----Respondents

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For Petitioner(s) : Mr. Siddharth Ranka For Respondent(s) : Mr. R.D. Rastogi, ASG for UOI through VC assisted by Mr. Akshay Bhardwaj Mr. Nikhil Simlote on benalf of Mr. R.B. Mathur Mr. Anand Sharma Mr. Akshay Jain

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(2 of 2)

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[CW-14400/2018]

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA

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Order

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16/11/2021

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In these petitions, the petitioners have challenged the constitutional vires of Sections 9 and 32(2)(a) of the Prohibition of Benami Property Transactions Act, 1988 (hereinafter to be referred to as the “Act of 1988”). Learned counsel for the parties pointed out that subsequent to filing of the petitions by virtue of the Finance Act, 2021, Section 9 of the Act of 1988 stands deleted from the statute. In that view of the matter, learned counsel for the petitioners also did not pursue the challenge to the petitions to the said statutory provision.

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This leaves us with the sole challenge of the petitioners to the vires of Section 32(2)(a) of the Act of 1988. It appears that the petitioners are facing show cause notices issued by the adjudicating authority under the Act of 1988 and the final order is not yet passed. The challenge to the constitution of the Tribunal at the hands of the petitioners is thus premature. These petitions are therefore disposed of making it clear that we have not expressed any opinion on the rival contentions with respect to the constitutionality of the said provision. It would be open to the petitioners to take up such challenge in a fresh proceeding if need so arises in future.

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With these clarifications, both the petitions are disposed of.

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(REKHA BORANA),J

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(AKIL KURESHI),CJ

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Anil Goyal/BM Gandhi-PS/33-34

Chandra Mohan Bhati, Son of Shri Gendi Lal v. Union of India, through the Secretary, Ministry of Law and Justice

Case brief

What is this about?

What did the court decide?

Chandra Mohan Bhati, Son of Shri Gendi Lal v. Union of India, through the Secretary, Ministry of Law and Justice

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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