Calcutta High Court (Appellete Side)
Ct No. 2 vs P.M. Union Of India & Ors on 3 March, 2023
Author: Md. Nizamuddin
Bench: Md. Nizamuddin
WPA 3762 OF 2023
03.03.2023
Sl no. 19 Khushi Infra Nirman Private Limited
Ct no. 2 - Vs -
P.M. Union of India & Ors.
Ms. Manju Agarwal,
Ms. Bhawna Tekriwal
... For the Petitioner.
Ms. Smita Das De
... for the respondent.
Heard learned advocates appearing for the parties.
By this writ petition petitioner has challenged the impugned notice under Section 24(1) of the Prohibition of Benami Property Transactions Act, 1988 and all subsequent proceedings.
Both the parties jointly submit that the issue of legality of the aforesaid notice is covered in favour of the petitioner, by a judgement of the Hon'ble Supreme Court which was followed by this Court in order dated 30th November, 2022 in WPA 11123 of 2020 (Deific Abode LLP - Vs - Union of India & Ors.) Considering the joint submission of the parties that the issue of legality of the aforesaid notices are covered by the aforesaid order of this Court in favour of the petitioner, this writ petition being WPA 3762 of 2 2023 is disposed of by setting aside the impugned notice under Section 24(1) of the Prohibition of Benami Property Transactions Act, 1988 and all subsequent proceedings on the basis of the aforesaid notices are also quashed and all legal consequence will automatically follow.
(Md. Nizamuddin, J.)