IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 2183 OF 2009 DECIDED ON : 11.02.2009 Malkiat Singh and others ...Petitioners versus Union of India and others ...Respondents CORAM: HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Anupam Bhardwaj, Advocate, for the petitioners. SURYA KANT, J. (ORAL) The petitioners seek quashing of the order dated May 08, 2008 (Annexure P-11) passed by respondent No.2, whereby they have been directed to hand over the possession of the properties already forfeited under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and Smugglers Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. To be precise, the petitioners' claim is that they are bona fide purchasers for consideration and had purchased the properties before their forfeiture under the afore-mentioned Acts. On the other hand, the respondent-authorities are, as is apparent from the memo dated 08.05.2008 (Annexure P-11), are relying upon Section 11 of the 1976 Act in terms whereof, it C.W.P NO. 2183 OF 2009 -2- is immaterial whether the property belongs to the persons who are detenues or sold or transferred to the name of any other person. In these circumstances, this Court, in exercise of its writ jurisdiction, cannot effectively adjudicate the disputed questions like as to whether or not the petitioners are bona fide purchasers. For the reasons mentioned above, the writ petition is dismissed. However, with liberty to the petitioners to file a civil suit and/or to have recourse to any other effective remedy as may be available in law. Disposed of. FEBRUARY 11, 2009 (SURYA KANT) shalini JUDGE