RANCHHODBHAI TANDEL Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) BY this Petition which is filed under Articles 226 and 227 of the Constitution of India, Petitioner is challenging legality and validity of the orders passed by the Respondents in the proceedings under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (For short "SAFEMA") viz. the order dated 22-3-1978 of the competent authority forfeiting the property of the Petitioner, which order was partly confirmed by the appellate authority by its order dated 28-2-2000. It is an admitted position that the appellate tribunal partly allowed the appeal filed by the Petitioner and set aside the order of the competent authority to the extent of 7 acres of agricultural land which was acquired by the Petitioner in the year 1957-58.

(2.) THERE is a chequered history in respect of the dispute in this case. Petitioner was detained by the order of detention dated 4-6-1976 under section

(3.) A preliminary objection was also raised regarding maintainability of this Petition in view of disposal of the Petition filed by the Petitioner in the Gujarat High Court. The preliminary objection, however, was heard and decided by Division Bench of this Court by order dated 26-6-2003 and the preliminary objection was rejected. Thereafter, Petition was heard on merits and by judgment and order dated 25-7-2003, Writ Petition filed by the Petitioner was dismissed and costs of Rs. 50,000/- was imposed on the Petitioner.