Rajasthan High Court
Khandelwal Buildcon Pvt Ltd vs Deputy Director, Directorate Of ... on 7 December, 2021
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9980/2021
Khandelwal Buildcon Pvt Ltd., Through Power Of Attorney Holder,
Shri Tikamkhandelwal. Registered Office At 171, Officer Campus
Ext. Sirsi Road, Near Sanskar School, Jaipur, Rajasthan -
302001.
----Petitioner
Versus
Deputy Director, Directorate Of Enforecement, Jaipur Zonal
Office, Ii Floor, Jeevan Nidhi - Ii, Lic Building, Bhawani Singh
Marg, Jaipur, Rajasthan - 302005.
----Respondent
For Petitioner(s) : Ms. Archana with Mr. Rajesh Kumar
Sharma
For Respondent(s) :
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
07/12/2021
1. Petitioner has preferred this Civil Writ Petition aggrieved by
the order dated 09.11.2018 passed by the learned Adjudicating
Authority to the extent of the Hotel Palak Paradise.
2. It is contended by counsel for the petitioner that the PMLA
complaint was filed on 11.07.2016, a provisional attachment order
was issued on 15.05.2018 whereby Palak Paradise hotel was
attached. The Adjudicating Authority vide order dated 09.11.2018
confirmed the order which was challenged by the petitioner before
the Appellate Authority and status quo order was passed on
21.12.2018.
3. It is also contended that vide Annexure-4 dated 28.11.2018
and Annexure-5 dated 14.12.2018, notice for taking possession
(2 of 3) [CW-9980/2021]
has been given by the authorities. The Appellate Authority is not
functional and therefore, petitioner was not left with any remedy
but to approach the High Court in writ jurisdiction. It is further
contended that the High Court in cases "Dushyant Hada Vs.
Union of India" in S.B. Civil Writ Petition No. 13065/2019 issued
notices to the respondents and in the meantime, status quo
relating to the property was directed to be maintained where the
entire premises was seized and petitioner who was a resident was
not being permitted to use his premises.
4. Counsel for the petitioner has placed reliance on "Seema
Garg Vs. Dy. DIR., Directorate of Enforcement (PMLA),
Jalandhar" 2020(374) E.L.T. 46(P & H) in the High Court of
Punjab and Haryana which was a case where properties were
mortgaged with the bank and owners were neither arrayed as
accused in schedule offence nor criminal complaint was filed
before the special court under Prevention of Money Laundering
Act, 2002. In the case it was held that the appellants are entitled
to benefit of time period cap prescribed by Section 8(3) and that
provisional attachment order ceased to exist by operation of law.
5. I have considered the contentions.
6. The property was provisionally attached and the Adjudicating
Authority has confirmed the order vide order dated 09.11.2018.
When the matter was challenged before the Appellate Authority,
the Appellate Authority vide order dated 21.12.2018 passed the
following orders "As agreed, status quo shall be maintained by
both the parties as of today" 12:00 O'clock. This order was passed
on 21.12.2018. Prior to this date vide Annexure-4 and Annexure-5
dated 28.11.2018 and 14.12.2018, petitioner was informed that in
compliance of provisions contained in Sub-section 4 of Section 8
(3 of 3) [CW-9980/2021]
of the Prevention of Money Laundering Act, constructive
possession of the premises has been taken over by the
Enforcement Directorate. This fact was not brought to the notice
of the Appellate Authority.
7. The order dated 09.11.2018 which is challenged in this writ
petition is already under challenge before the Appellate Authority
and this Court cannot entertain the present writ petition, merely,
because the Appellate Authority is not functioning, more
particularly, when stay was obtained from the Appellate Authority
without disclosing about the constructive possession being taken
over. No question arises before this Court to entertain the present
writ petition. The Judgment cited by the petitioner does not apply
on the fact.
8. This Civil Writ Petition is accordingly, dismissed.
9. Stay application stands disposed.
(PANKAJ BHANDARI),J
NIKHIL KR. YADAV /24
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