Shri Rajinderbir Singh, S/O Sh. ... vs Union Of India (Uoi), Through The ...
2002 Latest Caselaw 437 Del

JUDGMENT

Madan B. Lokur, J.

1. This case was heard along with CW 4786/1996 (Ajit Singh (dead) v.Union of India & Ors). The broad facts of the case have been mentioned in our decision rendered in that case and are not being repeated here.

2. Insofar as the competence of the Appellate Tribunal for Forfeited Property (hereinafter referred to as the Tribunal) to hear the matter is concerned, the various grounds urged in Ajit Singh are not applicable to this case inasmuch as the Tribunal which heard and disposed of the case of the Petitioner consisted of a Chairman who was a retired Judge of the High Court and two members. They passed an order dated 7th May, 1997 dismissing the appeal of the Petitioner.

3. So far as the merits of the case are concerned, for the reasons mentioned in Ajit Singh, we issue a writ of certiorari as prayed for. We set aside the order of the Competent Authority and the Tribunal and remand the case to the Competent Authority to have a fresh look into the matter in accordance with law. The parties will appear before the Competent Authority on 29th April, 2002 at 11.00 am. either in person or through a duly authorized advocate.

4. The writ petition is allowed but with no order as to costs.