Union Of India v. Of 2) [Saw-533/2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 533/2018 1. Deputy Commissioner Of Income Tax (BenamiTransaction) and Initiating Officer Under The Preventionof Benami Transaction Act-2016, Room No. 250, StatueCircle, NCRB, Income Tax Office, JaipurTransaction) and Initiating Officer Under The Preventionof Benami Transaction Act-2016, Room No. 250, StatueCircle, NCRB, Income Tax Office, Jaipur 2. Union Of India Through Its Secretary, Income TaxDepartment, Government Of India, New Delhi.Department, Government Of India, New Delhi. ----Appellants-Non-PetitionersVersus 1. M/s Manglam Build Developers Limited (a registeredCompanies registered Under The Companies Act, 1956)through its Director, Shri Rambabu Agarwal S/o ShriMadan Lal Agarwal, Resident Of H-55, JhakhreshwarMarg, Banipark, JaipurCompanies registered Under The Companies Act, 1956)through its Director, Shri Rambabu Agarwal S/o ShriMadan Lal Agarwal, Resident Of H-55, JhakhreshwarMarg, Banipark, Jaipur 2. Shri Rambabu Agarwal Son Of Shri Madan Lal Agarwal,Resident Of H-55, Jhakhreshwar Marg, Banipark, JaipurResident Of H-55, Jhakhreshwar Marg, Banipark, Jaipur ----Petitioner-Non-Appellant Connected With D.B. Special Appeal Writ No. 839/2018 1. Deputy Commissioner Of Income Tax, (BenamiTransaction) And Initiating Officer Under The PreventionOf Benami Transactions Act, 2016, Room No. 250, StatueCircle, Ncrb, Income Tax Office, JaipurTransaction) And Initiating Officer Under The PreventionOf Benami Transactions Act, 2016, Room No. 250, StatueCircle, Ncrb, Income Tax Office, Jaipur 2. Union Of India Through Its Secretary, Income TaxDepartment, Government Of India, New DelhiDepartment, Government Of India, New Delhi ----Appellants-Non-Petitioners Versus 1. M/s. Amar Pratap Developers Private Limited, A-21, SadulGanj, Bikaner Through Its Director Shri Ashok KumarModi S/o Shri Hanuman Prasad Modi, Resident Of A-21,Sadul Ganj, Bikaner, At Present Resident Of Room No. 3,3Rd Floor, Madhav Plaza, District Shooping Center,Sahakar Marg, JaipurGanj, Bikaner Through Its Director Shri Ashok KumarModi S/o Shri Hanuman Prasad Modi, Resident Of A-21,Sadul Ganj, Bikaner, At Present Resident Of Room No. 3,3Rd Floor, Madhav Plaza, District Shooping Center,Sahakar Marg, Jaipur 2. Ashok Kumar Modi S/o Hanuman Prasad Modi, ResidentOf A-21, Sadul Ganj, Bikaner At Present Resident OfRoom No. 3, 3Rd Floor, Madhav Plaza, District ShoppingOf A-21, Sadul Ganj, Bikaner At Present Resident OfRoom No. 3, 3Rd Floor, Madhav Plaza, District Shopping Center, Sahakar Marg, Jaipur ----Petitioners-Non-Appellants For Appellant(s) : Mr. R.B. Mathur with Mr. Nikhil Simlote.For Respondent(s): Mr. M.M. Ranjan, Senior Counsel assisted by Mr. Praminder Dadhich. HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE INDERJEET SINGH Order 28/09/2018 1.Learned counsel for the parties jointly submit that the twocaptioned appeals may be disposed of giving interim directionsthat the adjudicating authority may continue with the proceedingsbut shall not pass a final order. 2.Ordered accordingly. 3.The learned Single Judge would decide the writ petitions filedexpeditiously. (INDERJEET SINGH),J (PRADEEP NANDRAJOG),CJ MG/17-18