Prem Chand Sharma And Others v. Adjudicating Authority And Others

CWP-11576-2023 2023:PHHC:081404-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-11576-2023 Date of Decision:-01.06.2023 Prem Chand Sharma and ors.

....Petitioner Vs.

Adjudicating Authority and ors.

....Respondents CORAM:- HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. V. Govinda Ramanan, Advocate Mr. Baljeet Beniwal, Advocate, Ms. Vasu Kukreja, Advocate and Mr. Kartik Khicher, Advocates for the petitioner Ritu Bahri, J. (Oral) The petitioners have approached this Court by filing the present writ petition for issuance of writ in the nature of mandamus for issuance of direction to respondent No. 1 to take up/list/adjudicate the applications/claims filed by the petitioners before respondent No. 1 under the Prevention of Money Laundering Act, 2002 (P-7).

Petitioners herein are bona fide purchasers/owners of the subject properties, which has been purchased/acquired by the petitioners. Pursuant to the directions/orders as passed by the Hon'ble Supreme Court and this Court, the petitioners filed their respective claims/applications vis-à-vis the subject properties before respondent No. 1/authority. The copy of impleadment applications/claims as filed by the petitioners before respondent No. 1 is annexed as Annexure P-7. Vide letter dated 15.07.2022 (P-8), the officer of respondent No. 2 raised certain queries which was promptly answered by petitioner No. 1. Petitioner No. 1 submitted the reply on 29.07.2022 (P-9). Thereafter, petitioners have been repeatedly following up with respondent No. 1 regarding listing of their impleadment applications/claims through various modes but not limited to physical visits to the office Between Nov, 22 to Jan, 23 but till date no steps have been taken by the Authorities. MANOJ KUMAR 2023.06.06 11:08 I attest to the accuracy and authenticity of this order/document P&H HC, Chandigarh

CWP-11576-2023 2023:PHHC:081404-DB Learned counsel for the petitioner states that similar issue has already been disposed of by this Court in CWP No. 3301-2023 titled as SRS City AGH Buyers Assocn vs. Directorate of Enforcement and ors, decided on 17.02.2023 (P-11) wherein directions have been given to the authorities to decide the application, within a period of three months. Issue notice of motion.

Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Lokesh Narang, Advocate, who is present in the Court, accepts notice on behalf of respondent Nos. 2 and 3.

Mr. Jain fairly submits that in the present case as well, similar order can passed, as passed in CWP No. 3301-2023.

In view of the above factual position, the present petition stands disposed of by giving direction to respondent No. 1 to decide the applications (P-7) of the petitioners, in accordance with law, within a period of three months from the date of passing of this order.

(RITU BAHRI) JUDGE (MANISHA BATRA) JUDGE 01.06.2023 G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MANOJ KUMAR 2023.06.06 11:08 I attest to the accuracy and authenticity of this order/document P&H HC, Chandigarh