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    M/s.Wisdom Constructions Pvt v. The Adjudicating Authority

    W.P.Nos.14149, 14151, 14153 & 14154 of 2022

    IN THE HIGH COURT OF JUDICATURE AT MADRAS

    DATED: 08.06.2022

    CORAM:

    THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

    W.P.Nos.14149, 14151, 14153 & 14154 of 2022 & W.M.P.Nos.13407, 13408, 13409, 13410, 13411 of 2022

    M/s.Wisdom Constructions Pvt. Ltd., Represented by its Authorised Signatory, Nawal Kishore,

    Having Registered Office at, Ground Floor, 35/1,

    Muthukrishnan Street,

    Kondithope,

    Chennai - 600 079 ... Petitioner in W.P.No.14149 of 2022 M/s..Kodad Energy Pvt., Ltd.,

    (Formerly M/s. Girish Infrastructure Pvt., Ltd.,) Represented by its Authorised Signatory Padmanaban. S

    Having Registered Office at

    1stFloor, Sai Subhodhya Apartments,

    No.57/2B, East Coast Road,

    Thiruvanmiyur,

    Chennai - 600 041. ... Petitioner in W.P.No.14151 of 2022 M/s.Jai Ganesh Infradevelopers Pct., Ltd., Represented by its Authorised Signatory, Padmanaban. S

    1/6

    Having registered officer at Ground Floor, No.35/1, Muthukrishnan Street, Kondithope, Chennai - 600 079.

    ... Petitioner in W.P.No.14153 of 2022 M/s.New Era Land Developers Pvt. Ltd., Represented by its Authorised Signatory, Padmanaban.S,

    Having Registered Office at,

    Ground Floor, 35/1,

    Muthukrishnan Street,

    Kondithope,

    Chennai - 600 079

    ... Petitioner in W.P.No.14154 of 2022 vs.

    1.The Adjudicating Authority,

    Under the Prohibition of Benami Property Transactions Act, 1988, Room No,26, 4thFloor,

    Jeevan Deep Building, Parliament Street,

    New Delhi.

    2.Deputy Commissioner of Income Tax (Benami Prohibition), Room No.104, 1stFloor,

    Income Tax Investigation Wing Building,

    108, M.G.Road, Nungambakkam,

    Chennai - 600 034.

    ...Respondents in all W.Ps.

    Prayer in W.P.No.14149 of 2022: Writ petition filed under Article 226 of the Constitution of India for writ of Certiorari calling for the records on the file of the first respondent in Ref. No.R-1041/2018 and quash the impugned order dated 28.08.2019 passed under section 24(5) of the Prohibition of

    2/6

    Benami Property Transactions Act, 1988 as illegal, arbitrary and without jurisdiction.

    Prayer in W.P.No.14151 of 2022: Writ petition filed under Article 226 of the Constitution of India for writ of Certiorari calling for the records on the file of the first respondent in Ref. No.R-1011/2018 and quash the impugned order dated 27.08.2019 passed under section 24(5) of the Prohibition of Benami Property Transactions Act, 1988 as illegal, arbitrary and without jurisdiction.

    Prayer in W.P.No.14153 of 2022: Writ petition filed under Article 226 of the Constitution of India for writ of Certiorari calling for the records on the file of the first respondent in Ref. No.R-1006/2018 and quash the impugned order dated 27.08.2019 passed under section 24(5) of the Prohibition of Benami Property Transactions Act, 1988 as illegal, arbitrary and without jurisdiction.

    Prayer in W.P.No.14154 of 2022: Writ petition filed under Article 226 of the Constitution of India for writ of Certiorari calling for the records on the file of the first respondent in Ref. No.R-1021/2018 and quash the impugned order dated 27.08.2019 passed under section 24(5) of the Prohibition of Benami Property Transactions Act, 1988 as illegal, arbitrary and without jurisdiction.

    For Petitioner in all W.Ps. : Mr.R.Sivaraman

    For Respondents in all W.Ps: Mrs. M.Sheela,

    Special Public Prosecutor (I.T)

    3/6

    COMMON ORDER

    These writ petitions have been filed by the respective petitioners seeking for quashing of the respective impugned orders passed under section 24(5) of the Prohibition of Benami Property Transactions Act, 1988 as illegal, arbitrary and without jurisdiction.

    2. Learned counsel for the petitioner in all these writ petitions has produced an order of this Court dated 07.02.2022 passed in W.P.No.1698 of 2022 involving similar group of company and involving similar issue wherein the writ petition was dismissed by following the decision of the Division Bench Judgment of this Court in the case of The Adjudicating Authority and another vs. M/s.Anuttam Academic Institutions in W.A.No.1682 of 2022 etc., batch.

    3. Learned counsel for the petitioner fairly concedes that since the Division Bench has taken a view that the impugned order passed under section 24(5) of the Prohibition of Benami Property Transactions Act, 1988 is perfectly valid, this writ petition will also have to get dismissed. However, learned counsel for the petitioner would request this Court to

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    clarify in line with paragraph 34 of the aforesaid Division Bench Judgment that 45 days time has to be granted to the respective petitioners to file an appeal before the Appellate Authority as against the impugned orders in these writ petitions.

    4. In view of the aforementioned reasons, these writ petitions are dismissed. However, liberty is granted to the respective petitioners to prefer appeal before the Appellate Authority as against the impugned orders within a period of forty five days from the date of receipt of a copy of this common order, if they are so advised. No costs. Consequently, connected miscellaneous petitions are closed.

    08.06.2022

    nl

    Index:Yes/No Internet:Yes/No Speaking/Non-speaking orders

    5/6

    ABDUL QUDDHOSE, J.

    nl To 1.The Adjudicating Authority, Under the Prohibition of Benami Property Transactions Act, 1988, Room No,26, 4thFloor,

    Jeevan Deep Building, Parliament Street,

    New Delhi.

    2.Deputy Commissioner of Income Tax (Benami Prohibition), Room No.104, 1stFloor,

    Income Tax Investigation Wing Building,

    108, M.G.Road, Nungambakkam,

    Chennai - 600 034.

    W.P.Nos.14149, 14151, 14153 & 14154 of 2022

    08.06.2022

    6/6

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    M/s.Wisdom Constructions Pvt v. The Adjudicating Authority
    (Jun 8, 2022)