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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SAM KOSHY, NARSING RAO NANDIKONDA
Tatikonda Mahender Reddy – Appellant
Versus
Union of India – Respondent
ORDER :
Narsing Rao Nandikonda, J.
This Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondent No.2 in invoking the provisions of the Prohibition of Benami Property Transactions Act, 1988 (for short, the Act, 1988) and thereby passing the impugned order, dated 22.02.2025 under Section 24 (4)(b)(i) of the Act, 1988, as arbitrary, illegal, unconstitutional and without jurisdiction and consequently, to set aside the same.
2. Heard Sri N.Naveen Kumar, learned counsel for the petitioners, Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, appearing for respondent Nos.1 and 3 and Ms.K.Mamata, learned Senior Standing Counsel, appearing for respondent Nos.2 and 4. Perused the record.
3. The brief facts of the case are that during the process of election to the State Legislative Assembly of the State of Telangana for the year 2023, criminal proceedings were initiated against the petitioners vide FIR No.1323 of 2023 on the file of Hayathnagar Police Station, Rachakonda Commissionerate, for the offences punishable under Sections 188, 171-B read with 171-E of the Indian Penal Code, 1860 and Section 123 (1) (A) of the Re
The court upheld the classification of petitioners as 'Benamidars' under the Prohibition of Benami Property Transactions Act due to their failure to respond to notices or establish ownership of seize....
The court emphasized that the proceedings under section 24 of the Act only require a recording of prima facie opinion as to the benami nature of the transaction and that the principles of natural jus....
The main legal point established in the judgment is that a jurisdictional challenge under the Benami Act must demonstrate an ex facie erroneous assumption of jurisdiction by the authorities. The cour....
The Benami Transactions (Prohibition) Amendment Act, 2016 prescribes substantive provisions and has a prospective effect, and concerned authorities cannot initiate or continue criminal prosecution or....
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