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Bombay High Court

DATTA KISANRAO HATHKADKE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

An investigating officer under the MPID Act cannot, by himself, issue a notice to freeze or prohibit transfer of immovable property without a competent authority or court order, and such a notice issued without notice and hearing is ultra vires and must be quashed.

Summary

The petitioners, who purchased portions of Gut No. 127 in Jalna, sought to quash a communication dated 16‑06‑2025 issued by the Deputy Superintendent of Police (Economic Wing) directing the Sub Registrar to prohibit further transfer of the land. They argued that they were not accused under the Maharashtra Protection of Interest of Depositors (MPID) Act, 1999, and that the officer lacked authority under Section 4 of the Act to issue such a notice, violating natural justice. The respondents contended that one co‑owner, Chandulal Biyani, was the main accused in a fraud case under the MPID Act and that the notice was necessary to protect depositors’ interests. The Court examined prior judgments and held that an investigating officer cannot unilaterally attach or freeze immovable property without a competent authority or court order, and that the notice was issued without notice or hearing, breaching Article 300A. Consequently, the Court quashed the impugned communication and allowed the petition, while noting that the competent authority may still act against the actual accused in accordance with the MPID Act.

Issues considered

  • Whether the Deputy Superintendent of Police, as an investigating officer under the MPID Act, is empowered to issue a communication directing the Sub Registrar to prohibit transfer of immovable property.
  • Whether the issuance of the communication without notice and hearing violates the principles of natural justice and Article 300A of the Constitution.
  • Whether the communication can be quashed despite the existence of an accused who allegedly used the property to further the alleged fraud.

Legislation cited

Subjects

  • natural justice
  • attachment of property
  • MPID Act
  • quashing order
  • investigative powers
  • property rights
  • criminal procedure

Judgment

2026:BHC-AUG:21163-DB
                                                (1)
                                                                Cri.W. 298-2026.odt
                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                 BENCH AT AURANGABAD

                         CRIMINAL WRIT PETITION NO. 298 OF 2026
                 1.     Datta S/o Kisanrao Hathkadke
                        Age : 40 Years, Occ. Business
                        R/o. Shanti Nagar, Mantha,
                        Tq. Mantha, Dist. Jalna.
                 2.     Shaikh Junaid Shaikh Jalil
                        Age : 38 Years, Occ. Business
                 3.     Shaikh Sajed Shaikh Jalil
                        Age : 56 Years, Occ. Business,
                        Both are R/o Jalil Colony, Mantha,
                        Tq. Mantha, Dist. Jalna            ..PETITIONERS
                             VERSUS
                 1.     The State of Maharashtra,
                        Through its Secretary, Home Department,
                        Government of Maharashtra, Mumbai-32.
                 2.     The Superintendent of Police,
                        Superintendent of Police Office,
                        Jalna.
                 3.     The Deputy Superintendent of Police,
                        Economic Wing, Latur
                 4.     The Sub Registrar,
                        Sub Registrar Office, Mantha,
                        Tq. Mantha, Dist. Jalna            ..RESPONDENTS
                                                ….
                 Advocate for the petitioners : Mr. Krushna S. Solanke
                 A.P.P. for Respondent Nos. 1 to 4/State : Mrs. Chaitali R.
                 Choudhari/Kutti.
                                                …..
                                   CORAM : SANDIPKUMAR C. MORE AND
                                           ABASAHEB D. SHINDE, JJ.

                                         RESERVED ON : 07.05.2026
                                         PRONOUNCED ON : 08.05.2026
                               (2)
                                                   Cri.W. 298-2026.odt
JUDGMENT (PER SANDIPKUMAR C. MORE, J.) :-

1.   Rule. Rule made returnable forthwith.           Heard finally

with consent of the learned counsel for the petitioner and

learned A.P.P. at the stage of admission .



2.   By invoking Articles 226 & 227 of the Constitution of

India, the petitioners are seeking quashing of the impugned

order/communication       dated      16.06.2025,      issued       by

respondent No.3 i.e. Dy. Superintendent of Police (Economic

Wing), Latur in violation of principle of natural justice and

contrary to the provisions of the Maharashtra Protection of

Interest of Depositors (in Financial Establishments) Act, 1999

(for short “MPID Act”).


3.   The learned counsel for the petitioners submits that the

petitioners have purchased land Gut No. 127 under various

sale deeds along with other persons from the original owners

namely Sumanbai Indrajeet Hathkadke, Ramkuwar Indrajeet

Hathkadke and others. However, when they intended to sale

the said property, they got the knowledge form respondent

No.4 vide letter dated 06.02.2026, that respondent No.3 had

already issued impugned communication, thereby directing

respondent No.4/the Sub Registrar, Mantha to prohibit

further transfer of the property Gut No.127 situated at
                                   (3)
                                                          Cri.W. 298-2026.odt
Manta, District Jalna. The learned counsel for the petitioners

thus submitted that when the petitioners are not the accused

in any crime involving the provisions of the MPID Act and that

they had purchased the aforesaid property Gut No. 127 along

with other owners from the original owners, respondent No.3

ought not to have issued such communication, which is

impugned in this petition. Apart from this, the learned

counsel   for   the    petitioners       also   raised    objection    that

respondent      No.3   was   not     empowered           to   issue   such

communication in the light of Section 4 of the MPID Act. For

that purpose, he placed reliance on order of this Court dated

22.12.2025 in Criminal Writ Petition 643 of 2025 [Ausha

w/o Sureschandra Nelge and another Vs. The State of

Maharashtra and others]



4.   Per contra, the learned A.P.P. by filing affidavit-in-reply,

strongly opposed the petition on the ground that, one of the

purchaser of certain part of Gut no. 127, i.e. Chandulal

Mohanlal Biyani is the main accused in crime No. 234 of

2024 registered with Gandhi Chowk Police Station, Dist Latur

along with others, being the Chairman of Rajasthan Multi

State Co-operative Credit Society Limited, Parli Vaijnath, who

have cheated the depositors of the said institution, by making
                               (4)
                                                 Cri.W. 298-2026.odt
misappropriation of crores of rupees. The learned A.P.P.

further submits that the property mentioned in the impugned

communication is in fact purchased by main accused

Chandulal Biyani during the period of misappropriation i.e.

between 2022 to 2024. Thus, according to her, the issuance

of communication challenged in this petition was necessary to

safeguard the interest of the depositors.


5.   Heard    rival   submissions    also   perused   the   entire

material placed on record.


6.   Though it is claimed by the respondents that the

disputed land i.e. Gut No. 127 of village Manta, District Jalna

was purchased by main accused Chandulal Biyani with the

aid of misappropriated amount, but on going through the sale

deeds produced on record by the petitioners, only small part

admeasuring 42.33 R of the said land appears to be

purchased by Chandulal Biyani along with the present

petitioner Nos. 1 and 2 i.e. in the year 2022 from the original

owners. However, in the year 2024 Chandulal Biyani had sold

his undivided share of 14.11 R from the said part to

petitioner Nos. 1 and 2 and one Ramdas Uttam Borade. Thus,

the issuance of communication impugned in this petition in

respect of the entire land of Gut No. 127, definitely appears
                                    (5)
                                                        Cri.W. 298-2026.odt
erroneous.

7.    Admittedly, the transaction by Chandulal Biyani of

sailing his undivided share as mentioned above was after

registration of the crime against him, but the main question

involved in this matter is, as to whether under the provisions

of MPID Act, specially under Section 4, respondent No.3 was

empowered to issue such communication. For that purpose,

the learned counsel for the petitioners has heavily relied on

the judgment of this Court dated 22 nd December 2025 in the

case of Ausha w/o Sureschandra Nelge and another Vs.

The State of Maharashtra and others (supra).                    The core

issues for our consideration in the said judgment are

reproduced herein below :-

     (i) Whether the Investigating Officer under the
     scheme of M.P.I.D. Act and the Code of Criminal
     procedure, 1973 ( for short “Cr.P.C”), has the power
     to     unilaterally   freeze     or     attach    immovable
     properties by writing a letter to the Sub Registrar
     or Land Revenue Authorities ?

     (ii)    Whether the impugned order passed without
     giving    any   notice   and         without   following   the
     procedure prescribed by Section 4 of the M.P.I.D
     Act, violates the principles of natural justice and is
     liable to be quashed ?
                               (6)
                                                    Cri.W. 298-2026.odt
8.   This Court had relied the earlier judgment of the Co-

ordinate Bench of this Court in Criminal Writ Petition No.

231 of 2025          (Vijaykumar alias Vijay S/o Sitaram

Dandanaik     Vs.    The   State     of   Maharashtra)         dated

16.09.2025, wherein following observation was made.

     “ Thus, this Court has held that the Investigating
     Officer cannot assume the statutory powers of the
     Government or the designated Court by directly
     issuing orders or directions to the Sub Registrar
     asking them to attach or freeze the properties by
     making an endorsement in the land records. In
     present case Section 4 of the M.P. I.d. Act does
     not provide any such legislative mandate to the
     Investigating   Officer   to    attach   the    landed
     properties of the accused persons involved in
     M.P.I.D Act by writing a letter to the Sub-
     Registrar of the Land Revenue.

     10. The record also reveals that the impugned
     order has been passed without giving any notice
     to the petitioner and record also reveals that the
     petitioner was never heard or called upon before
     any such letter was to be issued to the Sub-
     Registrar of the Land Records Thus, the action
     taken without notice or providing opportunity of
     hearing and furthermore in this regard to the
     judicial orders granting bail and recording full
     satisfaction of security for the depositors claims.
     The impugned order is bad in law. It is trite law
                                (7)
                                                Cri.W. 298-2026.odt
       that no person can be deprived of property saved
       by Authority of Law and in conformity with
       principles of natural justice as guaranteed under
       Article 300 A of the Constitution of India.   The
       settled   principle of law which underscores that
       even statutory powers of attachment must be
       exercised with due process and cannot overwrite
       constitutional protection to property without fair
       opportunity of being heard.”


9.     By taking the similar view, this Court in the case of

Ausha w/o Sureschandra Nelge (supra) has held that, the

Investigating Officer while investigating the offence under

M.P.I.D. cannot issue the impugned communication contrary

to the provisions of Section 4 of the said Act and that too

without following principal of natural justice. Here in this

case also, respondent No.3 is investigating the crime against

one Chandulal Biyani and others, who are charged for

defrauding the depositors under the provisions of M.P.I.D.

Act.    The present petitioners are not the accused in the

aforesaid crime. Under such circumstances, considering the

view taken by this Court in both the aforesaid judgments, the

impugned communication appears to be issued by respondent

No.3 by exceeding his powers.          Powers to issue such

communication as per the provisions of M.P.I.D Act are only
                                    (8)
                                                      Cri.W. 298-2026.odt
with       Competent    Authority     or   State   Government,      and

therefore, the impugned communication has to be quashed

and set-aside. In view of the same, we pass the following

order.

                                ORDER

  (i)       The Criminal Writ Petition stands allowed and the
            impugned order/communication dated 16.06.2025
            issued by respondent No.3 Dy. Superintendent of
            Police, (Economic Wing), District Latur, is hereby
            quashed and set aside.

  (ii)      The rule is made absolute in aforesaid terms.

  (iii)     However, it is made clear that this order will not
            preclude   the     Competent    Authority    or    State
            Government         from taking any action strictly in
            accordance with the provisions of the M.P.I.D Act
            and in respect of only the accused in Crime No.
            234/2024 registered with Gandhi Chowk, Police
            Station,   Dist.    Latur,     upon    obtaining     the
            appropriate order from the designated Court, if
            such action is warranted in law.

10.       Accordingly the petition stands disposed of.




(ABASAHEB D. SHINDE)                  (SANDIPKUMAR C. MORE)
     JUDGE                                 JUDGE


Y.S. Kulkarni


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