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2024 Supreme(Telangana) 337

SUREPALLI NANDA
Dhara Prasad – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Pasham Mohith.
For the Respondents: Mr. Gadi Praveen Kumar, Mr. Anil Prasad Tiwari.

ORDER :

Surepalli Nanda, J.

Heard Mr. Pasham Mohith, learned counsel appearing on behalf of the petitioners, Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India, appearing on behalf of respondent No.1 and Mr. Anil Prasad Tiwari, learned counsel appearing on behalf of respondent No.2.

PRAYER:

2. The Petitioners approached the Court seeking prayer as under :

    “…to issue a Writ of Mandamus by declaring the action of the Respondent No.2 in issuing the Form I Notice vide F. No. ECIR/CEZO-I/09/2021 dated 10.10.2022 to take possession of Petitioners properties as illegal, arbitrary, ultravires and in violation of Article 14 and 21 Constitution of India and set aside the same…”.

3. PERUSED THE RECORD :

(A) The impugned Notice F.No.ECIR/CEZO-I/09/2021 dated 10.10.2022 reads as under :

FORM I

 

[sub-rule (1) of rule 6 of the Prevention of Money Laundering (Taking Possession of Attached or Frozen Properties Confirmed by Adjudicating Authority) Rules, 2013]

 

NOTICE FOR TAKING POSSESSION UNDER SUB-SECTION (4) OF SECTION (8) OF THE PREVENTION OF MONEY LAUNDERING ACT, 2002 READ WITH RULE 5 OF THE PREVENTION OF MONEY LAUNDERING (TAKING POSSESSION OF ATT

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