9. wp 426-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 426 OF 2011 Union of India .. Petitioner Vs Late Dhiraj Ratilal Thakkar represented by Neelam Lavana .. Respondent Mr. Avinash Kamkhedkar i/b Mr. Kiran J. Kandpile & Ms. Revati M. Dere for the Petitioner Mr. K.V. Saste, A.P.P. for the State CORAM : P.V. HARDAS & N. D. DESHPANDE, JJ. DATE : 11th MARCH, 2011. PER COURT: 1. By this petition under Article 226 of the Constitution of India, the petitioner challenges the order dated 11th August 2009 passed by the Appellate Tribunal for forfeiting the property, New Delhi, quashing and setting aside the impugned forfeiture order dated 12th January 2000 passed by the Competent Authority. 2. The Appellate Tribunal at paragraph 13 has held that for want of issuance of show cause notice to Shri. Vijay Ratilal Thakkar coupled with absence of compliance with the jurisdiction facts as there were no allegations whatsoever in the show cause 1 9. wp 426-11.doc notice that the impugned property has been acquired out of illegal income generated out of the prejudicial activities of the convict, the Tribunal quashed the impugned order. 3. The Tribunal has further recorded at paragraph 15 that neither in the show cause notice nor in the reasons to believe dated 16th October 1992 any findings recorded that there was nexus between the properties of the noticee and the convict. The Tribunal placing reliance on the judgment of the Supreme Court in Aslam Mohd. Merchant Vs Competent Authority, Mumbai quashed and set aside the impugned order. 4. We have heard the learned Counsel for the petitioner and we have also perused the findings recorded by the Appellate Tribunal. Upon its perusal, we do not find any ground whatsoever to interfere in extra ordinary jurisdiction with the order passed by the Tribunal. Consequently, there is no merit in this petition. The petition is dismissed summarily with no order as to costs. [ N. D. DESHPANDE, J ] [ P.V. HARDAS, J ] 2 9. wp 426-11.doc 3