Ujjal Bhuyan, C.J.:— Heard Mr. Srikanth Hariharan, learned counsel for the petitioner and Mr. Ajay Kumar Kulkarni, learned counsel for respondent No. 2. We have also heard Mr. B. Mukherjee, learned counsel representing Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India for respondent No. 3.
2. Challenge made in this writ petition is to the order dated 26.05.2022 passed by respondent No. 2 under Section 24(4)(a)(i) of the Prohibition of Benami Property Transactions Act, 1988 (briefly, ‘the Benami Property Transactions Act’ hereinafter).
3. Learned counsel for the petitioner submits that petitioner, being a labour contractor, is the General Power of Attorney (GPA) holder of Sri. Golla Jagdishwar Narender, the alleged benamidar. Being the GPA holder, petitioner cannot be proceeded against under the provisions of the Benami Property Transactions Act as a benamidar.
4. On going through the impugned order dated 26.05.2022, we find that by the aforesaid order the alleged benami property has been subjected to provisional attachment, whereafter the matter has been referred to the adjudicating authority under Section 26 of the Benami Property Transactions Act.
5. Mr. Ajay Kumar Kulkarni, learned counsel for respondent No. 2 submits that adjudication proceedings before the adjudicating authority is fixed on 07.02.2023 at 4 : 00 pm.
6. That being the position, we are not inclined to entertain the writ petition. The grounds urged by the petitioner can very well be urged before the adjudicating authority. Moreover, if for any reason, petitioner has failed to submit his written submission, he may be permitted to submit the same on 07.02.2023.
7. Subject to the above, writ petition is dismissed.
8. Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
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