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2023 Supreme(Del) 3140

SUBRAMONIUM PRASAD
Radhey Shyam Datta – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Sanjay Rastogi and Mr. Aman Rastogi, Advocates, for the Petitioner.
Mr. Avnish Singh, SPC with Ms. Pushplata Singh and Mr. Mahendra Vikram Singh, Advocates, for the Respondent.

JUDGMENT

Subramonium Prasad, J.

1. The Petitioner, who is a bona fide purchaser of a property bearing No. C-136, Vivek Vihar, Phase-I, Delhi-110095 (hereinafter referred to as `the property in question'), has approached this Court by filing the present Writ Petition challenging the Eviction Notice dated 08.09.2021 issued by the respondent No.2/SDM Vivek Vihar seeking eviction of the Petitioner from the property in question.

2. It is pertinent to mention herein that Respondent No.2 has issued the Eviction Notice dated 08.09.2021 pursuant to Order of forfeiture dated 23.03.2017, issued by the Office of Competent Authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 [hereinafter referred to as `the SAFEM (FOP) Act, 1976'], against one Jagdish Mitra, who was the original owner of the property in question. It is stated by the Petitioner that the property in question has changed several hands by means of registered sale deeds before ultimately being purchased by the Petitioner vide a registered sale deed dated 20.07.2009. It is stated by the Petitioner that at the time of registration of the sale deed, there was no impediment/notice that the

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