M.M.Kumar, J.

1. The instant petition filed under Article 226 of the Constitution prays for quashing order dated 17.11.2008 (P.8) passed by the Deputy Director of Enforcement and the corrigendum dated 2.12.2008 (P.9) issued by her. The petitioner has been found guilty of charge under Section 6(3)(i) of the Foreign Exchange Management Act, 1999 (for brevity `the FEMA Act) read with Regulation 4 of the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulation 2000 (for brevity `the FEMA Regulations). After declaring him guilty in pursuance of the powers conferred on the Deputy Director a penalty of rupees five lacs has been imposed on the petitioner.

2. Brief facts necessary for the disposal of the controversy raised are that the petitioner has been an Indian citizen, holding an Indian Passport. On 5.11.1999 he purchased a plot situated in Ludhiana at an open auction conducted by the Debt Recovery Tribunal, Jaipur. On 18.2.2003, the Enforcement Directorate, Jalandhar initiated investigation against the petitioner alleging that the plot purchased by him in the open auction is an agricultural plot which the petitioner had purchased by viol