Court No. - 35 Case :- WRIT TAX No. - 862 of 2018 Petitioner :- Radha Mohan Purushottam Das Jewels Private Limited And Another Respondent :- Union Of India And Another Counsel for Petitioner :- Ritvik Upadhya,Shri V. K. Upadhya Counsel for Respondent :- A.S.G.I.,S.S.C.
Hon'ble Bharati Sapru,J. Hon'ble Saral Srivastava,J.
Heard Shri V.K. Upadhya, learned Senior Advocate assisted by Shri Ritvik Upadhya, learned counsel for the petitioner and Shri Praveen Kumar, learned counsel for the department.
Shri Praveen Kumar appears for the department and he has instruction to state that even prior approval has been taken in this case for initiation of the proceedings against the petitioner, so far only a notice under Section 19 of the Prohibition of Benami Property Transaction Act, 1988 has been sent to the petitioner seeking certain discoveries and interrogatories.
It is open to the petitioner to go and file a reply to all the objections before the authority concerned. It seems that no firm date has been fixed in the matter. It may be clear that no order may be passed under the provisions of Section 19 of the Act without giving the petitioner a proper opportunity of hearing after fixing the date of appearance.
To obviate any doubt with regard to the date, this Court fixes 20.06.2018 as a next date fixed in the matter. This date is being fixed on the presence of both the parties.
A copy of the order may be given to Shri Praveen Kumar, learned counsel for the department within next 24 hours for communication and necessary compliance.
With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 31.5.2018/pks