DEIFIC ABODE LLP Vs. UNION OF INDIA

JUDGEMENT

(1.) For the purpose of stating the facts, I shall specifically refer to W.P.A No. 7880 of 2021. Needless to mention, all the petitioners are similarly placed, and the decision herein shall cover all the writ petitions. By taking the recourse of filing these writ applications under Article 226 of the Constitution of India, the writ petitioners have assailed a set of show cause notices issued under sub-section (3) of Section 24 of the Prohibition of Benami Property Transactions Act, 1988 (hereinafter referred to as the '1988' Act).

(2.) Shorn of unnecessary details, the petitioners contend that the impugned show cause notices have been issued under the 1988 Act. The said impugned notices under the 1988 Act, as per the contention of the petitioners, do not record any reasons as mandated by law.

(3.) The fundamental point of contention, as advanced by Mr. Khaitan, learned Senior Advocate, appearing on behalf of the petitioners, is the unconscionable and illegal 'retrospective applicability' of the 1988 Act, leading to these proceedings.