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Judgment
ASHWANI KUMAR MISHRA, A.C.J. (Oral)
The petitioner is aggrieved by the order of attachment passed by the respondent-ED bearing PAO No.09/2024 dated 05.09.2024.
In the writ petition, it is asserted by the petitioner that the petitioner is not an accused in any criminal proceedings. It is further stated that although the petitioner was the owner of the said property at the time of attachment, but the property had not been acquired by the petitioner from any proceeds of crime. The petitioner claims to have come to know of the attachment of the said property only on 09.06.2026, upon obtaining the revenue record, wherein the kurki entry was found recorded vide Rapat dated 27.12.2024 (Annexure P-4).
Taking note of such submissions, we granted time to learned counsel for the respondent-ED to obtain instructions in the matter on 03.07.2026. The matter was again adjourned on 23.07.2026, 03.08.2026 and 24.08.2026. In the meantime, reply and the additional reply by way of affidavits have been filed by the respondent-ED, wherein it is asserted that the petitioner is the owner of the property in question as per the revenue records, and even in the independent verification undertaken by the respondent-department, it has been found that the property stood recorded in the name of the petitioner pursuant to Sale Deed dated 07.04.2023 (Annexure P-1) followed by Rectification Deed dated 26.05.2023. The total land recorded in the name of the petitioner has been determined at 19 Kanal and 15 Marla.
Learned counsel for the respondent-ED, on the basis of such affidavits of the respondent-ED, states that the attachment was wrongly made in the present case.
Once the department itself concedes the factual position that the attachment of the petitioner’s property was due to inadvertence, we find that the attachment of the petitioner’s property cannot be allowed to continue any further.
Consequently, the Writ Petition succeeds and is allowed. The impugned order of attachment bearing PAO No.09/2024 dated 05.09.2024, is accordingly quashed qua the petitioner’s property in question. The revenue authorities shall carry out such endorsement in the concerned revenue record, accordingly.
Pending application(s), if any, shall stand disposed of accordingly.