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2013 Supreme(Guj) 535

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Anant S. Dave, J.
Alive Hospitality and Food Private Limited - Appellant
Vs.
Union of India – Respondent
Special Civil Application Nos. 1059 and 4171 of 2012
Decided On: 31.07.2013

Judgment

Anant S. Dave, J.

1. With the consent of learned counsel for the parties, both these petitions are taken up for final disposal and decided by common judgment as the issues involved in these petitions are almost common barring a few contentions. The petitioners in both these petitions challenge provisional attachment orders No. 2/2012 dated 15.03.2012 passed by the competent authority and orders dated 10.07.2012 of adjudicating authority confirming provisional attachment ordered by the competent authority. Further, original complaint No. 133/2012 is also common in both these petitions, broadly, issue is with regard to subject properties in the context of definition of "proceeds of crime" vis-à-vis jurisdiction of the competent and adjudicating authorities under provisions of Sections 5 and 8 of the Prevention of Money Laundering Act, 2002 as amended in 2009 [for short, 'the PML Act'].

2. The petitioner of Special Civil Application No. 4171 of 2012 has filed this petition under Article 226 of the Constitution of India with the following prayers:--

"[A] This Hon'ble Court be pleased to issue a writ of or in the nature of mandamus or a. writ of or in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the Provisional Attachment Order No. 02/2012 dated 15.03.2012 passed by the respondent No. 2 herein at Annexure H hereto insofar as it relates to the subject property being the freehold non agricultural land admeasuring 732 sq. mt. together with superstructure standing thereon known as "Jay Bungalow" situated at Survey No. 303 [paiki][formerly, Survey No. 398 [paiki] of Final Plot No. 213 subplot No. 4A [paiki] 4B [paiki] and 4C, Ishavashyam Society, Vejalpur, Ahmed-abad-380015.

[B] This Hon'ble Court be pleased to issue a writ of or in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the directions/instructions issued by the respondent No. 3 herein vide letter dated 21.7.2011 at Annexure F hereto insofar as it relates to the subject property being the freehold non agricultural land admeasuring 732 sq. mt. Together with superstructure standing thereon known as "Jay Bungalow" situated at Survey No. 303 [paiki][formerly, Survey No. 398 [paiki] of Final Plot No. 213 subplot No. 4A [paiki] 4B [paiki] and 4C, Ishavashyam Society, Vejalpur, Ahmedabad 380015.

[C] This Hon'ble Court be pleased to issue a writ of or in the nature of mandamus or any other appropriate writ, order or direction directing the respondent No. 4 not to refuse registration of an instrument of transfer pertaining to the subject property, being the freehold non agricultural land admeasuring 732 sq. mt. Together with superstructure standing thereon known as "Jay Bungalow" situated at Survey No. 303 [paiki] [formerly, Survey No. 398 [paiki] of Final Plot No. 213 subplot No. 4A [paiki] 4B [paiki] and 4C, Ishavashyam Society, Vejalpur, Ahmedabad 380015, solely on the ground that the property sought to be conveyed is mentioned in the letter dated 21.7.2011 addressed by the respondent No. 3 at Annexure F hereto.

[C1] This Hon'ble Court be pleased to issue a writ of or in the nature of mandamus or a writ of or in the nature of certiorari or any other writ, order or direction quashing and setting aside the Original Complaint No. 133 of 2012 dated 11.4.2012 at Annexure-K hereto, the order dated 10.7.2012 passed by the Adjudicating Authority at Annexure-L hereto and the letter dated 9.10.2012 at Annexure M hereto.

[D] Pending the admission, hearing and final disposal of the present petition, this Hon'ble Court be pleased to stay and suspend the operation and implementation of;

[i] The Provisional Attachment Order No. 02/2012 dated 15.02.2012 passed by the respondent No. 2 herein at Annexure H hereto insofar as it relates to the subject property being the freehold non agricultural land admeasuring 732 sq. mt. together with superstructure standing thereon known as "Jay Bungalow" sit



















































































































































































































































































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