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2012 Supreme(J&K) 108

MOHAMMAD YAQOOB MIR
Nabla Begum – Appellant
Versus
Union of India & Ors. – Respondent


Advocates Appeared:
Mr. M.S. Reshi for the Petitioner.
Mr. S.A. Makroo, ASGI (R-1), Mr. Mumtaz A. Kapta R-2 , 3.

1. Petitioner seeks quashment of order (Corrigendum to Provisional Attach#31;ment Order No. 03/CHD/2011 dated 03.10.2011) dated 25th of October, 2011, issued by respondent No. 3 and also seeks mandamus so as to command the respondents not to cause any sort of interference with the peaceful enjoyment of the petitioner over the property i.e. two storeyed residential house situated at Abi Guzar Srinagar.

2. Learned counsel for the respondents at the very outset questioned maintain#31;ability of the writ petition by stating that the petitioner has an efficacious remedy available under the Prevention of Money Laundering Act (hereinafter referred to as the Act).

3. The power under Article 226 of the Constitution of India is wide enough but the said power is regulated by the self imposed reasonable restrictions. One such restriction includes availability of equally efficacious remedy to the aggrieved party.

4. Precise background of the case is that the respondent No. 3 authorized by the respondent No. 1 under sub-section (1) of Section 5 of the Act read with Notification No. GSR.441(E) dated 1st July, 2005, has passed the provisional attach#31;ment order No. 03/CHD/2011. In the said order of









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