Telangana High Court
Nisar Ahmed vs The Adjudicating Authority on 23 October, 2025
THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH
AND
THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN
WRIT PETITION No.31639 of 2025
ORDER:
Sri Avinash Desai, learned Senior Counsel represents Sri M. Pranav, learned counsel for the petitioners.
Sri N. Praveen Reddy, learned Senior Standing Counsel for the Income Tax Department, appears for respondent Nos.2 and 3.
2. The writ petition is preferred for the following prayer:
"In the light of the above, it is humbly prayed that this Hon'ble Court may be pleased to issue a writ or an order or a direction, more particularly a writ in the nature of Mandamus:
i) Declaring the actions of the respondents in issuing the notice dated 24.03.2025 bearing No.BPU-
H/23-24/16 issued under Section 24(1) of the Prohibition of Benami Property Transaction Act, 1988 ("the Act") ("Impugned Notice dated 24.03.2025"), the provisional attachment order dated 24.03.2025 bearing No.ITBA/COM/F/17/2024-25/ 1074964680(1) issued under Section 24(3) of the Act ("Impugned order dated 24.03.2025"), the provisional attachment order dated 31.07.2025 bearing DIN No. 2 ITBA/BNM/F/24(4)(a)(i)/2025-26/1079135895 (1) issued under Section 24(4)(a)(i) of the Act ("Impugned order dated 31.07.2025"), the reference made by the respondent No.3 to respondent No.1 under Section 24(5) of the Act ("Impugned Reference") and the notice dated 11.09.2025 in Case No.PBPTA/FR/263/CHE/2025 issued under Section 26(1) of the Act ("Impugned Adjudicating Authority Notice") as being illegal, arbitrary, unconstitutional and contrary to the provisions of the Prohibition of Benami Property Transaction Act, 1988 and settled principles of law and consequently;
ii) Set aside the notice dated 24.03.2025 bearing No.BPU-H/23-24/16 issued under Section 24(1) of the Prohibition of Benami Property Transaction Act, 1988,
iii) Set aside the provisional attachment order dated 24.03.2025 bearing No.ITBA/COM/F/17/ 2024-25/1074964680(1) issued under Section 24(3) of the Prohibition of Benami Property Transaction Act, 1988,
iv) Set aside the provisional attachment order dated 31.07.2025 bearing DIN No.ITBA/BNM/F/24(4)(a)(i)/2025-26/1079135895(1) issued under Section 24(4)(a)(i) of the Prohibition of Benami Property Transaction Act, 1988,
v) Set aside the notice dated 11.09.2025 in Case No.PBPTA/FR/263/CHE/2025 issued under 3 Section 26(1) of the Prohibition of Benami Property Transaction Act, 1988,
vi) and pass such other order or orders as this Court may deem fit in the circumstances of the case."
3. Learned counsel for the petitioners seeks permission to withdraw the writ petition with liberty to the petitioners to raise all the appropriate grounds before the adjudicating authority.
4. Learned counsel for the other side reports no objection.
5. Accordingly, the writ petition is dismissed as withdrawn with the aforesaid liberty. However, there shall be no order as to costs.
Miscellaneous applications pending, if any, shall stand closed.
______________________________________ APARESH KUMAR SINGH, CJ ______________________________________ G.M.MOHIUDDIN, J Date: 23.10.2025 ES