Bombay High Court Disposes Petition Challenging EOW’s Directions to Sub-Registrar, Ahmednagar, to Refrain from Registering Sale of Petitioner’s Property

Court’s Decision:

The Bombay High Court disposed of the writ petition filed by Kiran Ambadas Gote, challenging the Economic Offence Wing’s (EOW) directions to the Sub-Registrar, Parner, District Ahmednagar, to refrain from registering the sale transaction of the petitioner’s property. The Court accepted the Additional Public Prosecutor’s statement that the contested orders would be withdrawn within a week and held that no further consideration was necessary.

Facts:

1. Challenged Directions:
   • The petitioner challenged the EOW’s orders dated June 10, 2022, and March 30, 2024, directing the Sub-Registrar not to register any sale transaction of the petitioner’s property.
2. Petitioner’s Contention:
   • The petitioner argued that the police lacked the authority to issue such directions, which interfered with the lawful rights of the petitioner over their property.

Issues:

1. Whether the EOW has the authority to direct the Sub-Registrar to withhold registration of sale transactions.
2. Whether the impugned orders violated the petitioner’s property rights.

Petitioner’s Arguments:

1. Excess of Authority:
   • Contended that the police had no statutory power to direct the Sub-Registrar to withhold sale transactions.
2. Violation of Rights:
   • Asserted that the directions interfered with the petitioner’s fundamental right to property and lawful transactions.

Respondent’s Position:

1. Withdrawal Assurance:
   • The Additional Public Prosecutor, on instructions from the Assistant Police Inspector, EOW, Pune City, assured the Court that the impugned orders would be withdrawn within one week.

Court’s Observations:

1. Unlawful Directions:
   • While not expressly ruling on the legality of the directions, the Court acknowledged the petitioner’s grievance regarding the lack of statutory authority for such orders.
2. Resolution Through Withdrawal:
   • Accepted the State’s assurance to withdraw the contested orders and deemed the matter resolved.

Conclusion:

The Bombay High Court disposed of the petition in light of the State’s assurance to withdraw the impugned orders within one week. The Court noted that no further consideration was necessary and directed all parties to act on the authenticated copy of the order.

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