AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.459 OF 2009 The Chemical Industrial & Pharmaceutical Laboratories Ltd. ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Ms. Sulbha Joshi for the petitioner. Mr. V.B. Konde-Deshmukh A.P.P. for the State. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 3RD JULY, 2009. P.C.:- 1. The petitioner has purchased one-third undivided share of Ms. Pervin Faredoon Mehta in a flat situated in Survey No.3/698(part), Plot No.1, of Malbar Hill and Cumballa Hill Division, Mumbai. Copy of the agreement is annexed to the petition at Ex-A. The petitioner received letter dated 30/1/2009 from the office of the Collector AJN 2 informing him that the property card in respect of the said flat cannot be issued as Register No.313 where entry in respect of the said property is maintained, has been seized by the Anti Corruption Bureau in connection with offences relating to FSI violations of property being City Survey No.701 of Malbar Hill and Cumballa Hill Division, Mumbai, committed by the developer and others. Upon inquiry, the petitioner came to know that the accused in the said case have filed appeal in this court. It is pending. Record and proceedings are now in this court. Register No.313 which is seized by the ACB forms part of the said R & P. The case of the petitioner is that the said flat is not located in the disputed property involved in the appeal i.e. City Survey No.701. Learned counsel for the petitioner has told us that the petitioner requires the property card for the purpose of payment of taxes to the Bombay Municipal Corporation among others. In effect, the petitioner wants his name to be entered in seized Register No.313 in Column No.10 as a person in beneficial ownership in respect of one-third undivided share of Ms. AJN 3 Pervin Faredoon Mehta in a flat situated in Survey No. 3/698(part), Plot No.1, of Malbar Hill and Cumballa Hill Division, Mumbai. 2. On the last occasion, we directed the office to call for the record of Appeal No.579 of 2004. Accordingly, record is produced before us. We have carefully perused the said register. The contention of the petitioner appears to be correct. Learned A.P.P. Mr. Konde-Deshmukh has tendered a copy of the letter addressed by Shivram Naik, Police Inspector, ACB, FSI Index Division, Bombay, addressed to the Public Prosecutor, High Court, Bombay. The said letter is dated 25/6/2009. In the said letter, it is stated that C.T.S. No.3/698 is not involved in FSI scam and, therefore, the petitioner may get the property card from the city survey office. Copy of the said letter is taken on record and marked `X’. 3. In view of the concession made by the investigating officer, the concerned officer from the City Survey Office AJN 4 may enter the petitioner’s name in Column No.10 of the seized Register No.313 as a person in beneficial ownership. This exercise should be done in the office of the Registry of this court. Needless to say that thereafter, the concerned officer may issue the property card to the petitioner. 4. The petition is disposed of. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]