The court ruled that the person who hears a case must deliver the judgment before appointment of another authority; if the authority has ceased to hold the position, judgment cannot be pronounced.

JUDGMENT

1. The Appellants seek to challenge the common judgment dated 04.05.2022, passed by the learned Single Judge, dismissing the Writ Petitions bearing Nos. W.P.(C) 12846/2021, W.P.(C) 12847/2021 and W.P.(C) 12853/2021.

2. The Appellants had filed the said Writ Petitions praying for the following relief:

"a. Issue a Writ, Order or Direction in the nature of a Mandamus or any other appropriate Writ, Order or Direction thereby Quashing the notification dated 08.10.2021 issued by the Ministry of Finance, Government of India, to the extent whereby it has brought to end the ability of the existing Member Adjudicating Authority, New Delhi to deliver orders/judgments in the matters in which orders are reserved by appointing a new officer to the post of Member, Adjudicating Authority at New Delhi, for Prohibition for Benami Property Transactions Act, 1988, without providing any time period for him to pass orders/judgments though done earlier in previous notifications, and thereby directing the concerned Member, Adjudicating Authority to (i) pass orders/judgment within a specified time frame (2-3 months) in respect of all cases which he has reserved judgments after hearing arguments, in particular the case of the Petitioner which has now undergone two full rounds of hearing and where judgment has been reserved now for the second time as recently as on 16th September 2021;

OR ALTERNATIVELY

AND

3. Shorn of details, the facts in brief, leading to the present appeals are as follows:

i. It is stated that on 10.08.2019, provisional Attachment Orders were passed by the Initiating Officer under the Prohibition for Benami Property Transactions Act, 1988 (hereinafter called as 'Benami Act').

ii. It is stated that Section 7 of the Benami Act was amended by Section 155 of the Finance Act, 2021, whereby the Competent Authority authorized under Section 5(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, was designated as the Adjudicating Authority competent to exercise jurisdiction, powers and authority under the Benami Act.

iii. It is stated that proceedings commenced before the Adjudicating Authority, New Delhi under the Benami Act and arguments were heard, on 01.02.2021 & 02.02.2021, and orders were reserved on 02.02.2021 by the Adjudicating Authority, New Delhi.

iv. A notification bearing No. S.O.966(E) dated 27.02.2021 was issued by the Ministry of Finance stating that in respect of cases where hearings had been concluded and orders had been reserved, the Adjudicating Authority has time till 30.09.2021 to pass judgments, extending the time given by the earlier notification dated 31.12.2020 wherein the time had been fixed upto 31.03.2021.

v. Since the post of Adjudicating Authority, New Delhi was vacant, the Member, Adjudicating Authority, Mumbai i.e. Mr. Hari Govind Singh was given additional charge of Adjudicating Author