Shri Mahendra Prasad Singh And Others v. Directorate Of Enforcement Through Deputy Director

$~166 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17036/2024 & CM APPL. 72168/2024 SHRI MAHENDRA PRASAD SINGH AND OTHERS .....Petitioners Through:

Mr. Lalit Kharya, Mr. Kumar Rahul Anand, Mr. Himansh Rana, Mr.

Piyush Yadav, Mr. Saket Singh, Mr.

Prashant Kumar and Ms. Konika and Mr. Kumar Rahul Anand, Advocates.

versus DIRECTORATE OF ENFORCEMENT THROUGH DEPUTY DIRECTOR .....Respondent Through:

Mr. Ravi Prakash, Senior Advocate with Mr. Vivek Gurnani, Mr. Ali Khan and Mr. Kanishk Maurya, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 10.12.2024 1.

The present petition assails order dated 31st January, 2020 passed by the Directorate of Enforcement1 whereby property bearing Khata No. 493, Plot No. 633 of Circle-17, Sabour Fatehpur, Thana No. 23, Bhagalpur, Bihar was provisionally attached.

2.

Petitioner No. 1 is the husband of Late Mrs. Urmila Singh and Petitioners No. 2 to 4 are the sons of Petitioner No. 1 and Late Mrs. Urmila Singh. They assert their title through succession over the afore-noted 1 "ED"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

property.

3.

At the outset, Mr. Ravi Prakash, Senior Counsel for Respondent, strongly objects to the maintainability on two grounds. He submits that there is an alternate efficacious remedy of appeal under Section 26 of the Prevention of Money Laundering Act, 2002 to assail the impugned order. He further urges that this Court does not possess the territorial jurisdiction to entertain the present dispute. Without prejudice to the afore-noted objection, Mr. Prakash apprises the Court that the aforesaid property has not been attached. To this effect, he has handed over a communication received from Mr. Manish Kumar, Assistant Director, Enforcement Directorate, Patna categorically stating that the property of the Petitioner is not attached. The said communication reads as follows:

4.

A copy of the communication is handed over across the Board and is taken on record.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

In light of the above, no further directions are required to be issued in the present matter and accordingly, the present writ petition is disposed of. 6.

The objection of the Respondent regarding the maintainability of the present proceedings is left open.

7.

Disposed of along with pending application.

SANJEEV NARULA, J DECEMBER 10, 2024 as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.