JUDGMENT :

S.V. PINTO, J.

1. By way of the present petition, filed under Article 226 of the Constitution of India, the petitioners have challenged the orders passed by the respondent nos. 1 and 2 on 03.10.2011 and 30.01.2012 respectively by which the residential property situated at 3rd Floor, F/301, Malabar Hill Society, Surat came to be forfeited under the provisions of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as “SAFEMA”).

2. The brief facts giving rise to filing of the present petition are as under:

2.1 In May 2010, the petitioner was introduced to one Keshnath S. Yadav who expressed his willingness to sell the property and the petitioner had taken due care and diligence by way of search of the record of Sub Registrar and Revenue authorities. The petitioner did not find anything objectionable in respect of title of the property and the petitioner entered into an agreement to sell with the said Keshnath S. Yadav on 01.10.2010 and paid an amount of Rs. 20,51,000/- vide five cheques. The remaining amount was to be paid within 75 days or 2½ months from the date of execution of the agreement. The sale deed was executed on 22