ISMAIL BASHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The matter has been heard at length. In order dated 15th July, 2015 a point of challenge raised by the petitioner giving rise to the question regarding what was the law in view of the decisions of the Supreme Court of India in Attorney General for India v. Amratlal Prajivandas & Ors., 1994 AIR(SC) 2179, as subsequently interpreted by a Division Bench of the said Court in the case of Kesar Devi (Smt) v. Union of India & Ors., 2003 AIR(SC) 4195 was recorded as is reproduced below :

(2.) Mr. Saraf, learned Advocate appearing on behalf of the revenue has relied on a later judgment of the Supreme Court in the case of Kesar Devi (Smt) v. Union of India & Ors., 2003 AIR(SC) 4195 in particular to paragraphs 11 to 13 therein. In those paragraphs the Supreme Court had considered the judgment in Amratlal Prajivandas (AIR 1994 SC 2179) and held as follows:

(3.) Mr. Chakraborty, learned Advocate appearing on behalf of the petitioner submitted with reference to the decision in Kesar Devi (AIR 2003 SC 4195 : 2003 Cri LJ 3750) that the facts in that case were that the competent Authority had made orders on the findings that though ostensible owner of the properties was Smt. Kesar Devi but the real owner was her husband Jagannath Sharma, the detenu. On the facts the Supreme Court in that judgment had held as follows :