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Validity of provisional attachment order challenged - petitioner...
Property owner's rights upheld. Provisional attachment quashed for lack of notice, violating natural justice. Duty to issue notice before confirming attachment.
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Validity of provisional attachment order challenged - petitioner lawful owner of property - no notice issued violating natural justice principles - duty on Adjudicating Authority to issue notice before confirming provisional attachment - absence of notice violates mandatory requirements of serving provisional attachment order and prior show cause notice - attachment without notice to lawful owner cannot be legally sustained - coordinate bench precedent setting aside attachment in similar situation - impugned provisional attachment order quashed as petitioner purchased property before attachment and was in peaceful possession - petition allowed.
Validity of provisional attachment order challenged - petitioner lawful owner of property - no notice issued violating natural justice principles - duty on Adjudicating Authority to issue notice before confirming provisional attachment - absence of notice violates mandatory requirements of serving provisional attachment order and prior show cause notice - attachment without notice to lawful owner cannot be legally sustained - coordinate bench precedent setting aside attachment in similar situation - impugned provisional attachment order quashed as petitioner purchased property before attachment and was in peaceful possession - petition allowed.
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