ADJUDICATING AUTHORITY Vs. KUNDAN TRADING CO.

JUDGEMENT

(1.) All these Civil Applications are filed in appeals under Clause 15 of Letters Patent by Adjudicating Authority, Initiating Officer, Approving Authority-appellants herein, reveal how effective provisions of special legislation like the Prohibition of Benami Property Transactions Act, 1988 when implemented by the authorities extraordinary jurisdiction of the High Court is taken recourse to thwart proceedings. All these appeals arising out of order passed by the learned Single Judge staying order of Adjudicating Authority passed under Section 26(3) of the Act 1988, are classic cases of such frequent invocation of extraordinary jurisdiction under Article 226 of the Constitution of India, even though two, inbuilt efficacious alternative remedies are provided by the Act, 1988. That, usual contentions are raised challenging such order passed by Adjudicating Authorities either without jurisdiction, in excess of jurisdiction, lack of jurisdiction and finally in violation of principles of natural justice, though notices are issued and hearing is given to affected persons before passing the final order and all such contentions can be raised before Appellate Tribunal so provided under Section 46 namely, Appeals to Appellate Tribunal and thereafter appeal to also provided under Section 49 Appeal to High Court.

(2.) Mr. Devang Vyas, learned Assistant Solicitor General for the appellants would rely on paragraph 19.5 of the order passed by the Adjudicating Officer on 30.10.2018 in exercise of powers under Section 2(26) of the Prohibition of Benami Property Transactions Act, 1988 reads as under:

(3.) Mr.Devang Vyas, learned Assistant Solicitor General invited our attention to following provisions of Act, 1988 which read as under: