JUDGMENT :

Prathiba M. Singh, J.

CM APPL. 40696/2019 (exemption)

1. Allowed, subject to all just exceptions. Application is disposed of.

W.P.(C) 9841/2019 and CM APPL. 40695/2019

2. The present writ petition has been filed challenging the order dated 26th July, 2019 passed by the Appellate Tribunal for Prohibition of Benami Property Transactions Act ('Appellate Tribunal'). The challenge raised is that no appeal could have been filed before the Appellate Tribunal against the show-cause notice issued by the adjudicating authority under Section 26 of the Prohibition of Benami Property Transactions Act, 1988 ('Benami Act') as the said provision does not permit such an appeal challenging a show-cause notice.

3. Mr. Raghvendra Singh, ld. Sr. Standing Counsel submits that the impugned order of the Tribunal, in effect, has stopped the Adjudicating Authority from proceeding further in the matter inasmuch as the operation of the show cause notice dated 21st June, 2019 has itself been stayed.

4. On the other hand, Mr. Rajiv Nayar, ld. Sr. Counsel for Respondent No. 2, submits that he has a preliminary objection as to the maintainability of the present petition. He submits that under Section 49 of th