Sangita Singh And Another v. Union Of India And ORS.

30-09-2022 ct no. 13 Sl. 7 sp WPA 9717 of 2022 Sangita Singh & Anr.

-VersusThe Union of India & Ors.

Mr. Sudip Deb, Mr. Riju Ghosh, Mr. Sumitava Chakraborty, Ms. Sayanika De, Mr. Aranyak Saha .......for the petitioners Mr. Sailendra Kr. Tiwari, Ms. Shweta Poddar ...for the Union of India Mr. Loknath Chatterjee, Mr. Sukanta Ghosh ....for the respondent nos.2 to 5 Affidavit-in-opposition filed by the Directorate of Enforcement in Court today is taken on record.

The writ petitioners have already challenged the final adjudication order confirming initial order of attachment issued by the Directorate of Enforcement, Government of India under Section 8 of the PMLA Act, 2002 before the Appellate Authority in terms of Section 26 thereof.

In those circumstances, it would be inappropriate for this Court to keep the writ petition pending. The interim order already passed staying the order of eviction of the petitioners from

their property, shall continue until November 15, 2022.

The petitioners may mention the appeal against the final order of attachment before the Appellate Authority for early consideration and also for extension of the interim order of stay granted by this Court, if necessary.

The Appellate Authority shall dispose of the petitioners' appeal as expeditiously as possible. All questions, raised in the writ petition shall be deemed to have been kept open for being adjudicated independently by the Appellate Authority. Any observations made by this Court in this writ petition, shall only be considered as tentative by the Appellate Authority.

The petitioners shall be at liberty to file further pleadings before the Appellate Authority. With the aforesaid observations, the instant writ petition shall stand disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)