Benami Appeals Restoration Upheld: Tribunal Acted Within Supreme Court's Review Framework

Case Overview

Case: Munnidevi Sitani W/o Kalilash Chand Sitani Vs Benami Prohibition Unit (2)
Court: Rajasthan High Court
Orders Challenged: Dated 10.07.2025 and 11.07.2025
Relevant Legislation: Prohibition of Benami Property Transactions Act, 1988

Background and Context

The Rajasthan High Court was called upon to adjudicate a challenge against two orders — dated 10.07.2025 and 11.07.2025 — issued by the Appellate Tribunal under the Prohibition of Benami Property Transactions Act, 1988. Through these orders, the Tribunal had allowed a review application moved by the Union of India, condoned the accompanying delay, and restored the original appeals to their earlier case numbers. This entire chain of events was set in motion by the Supreme Court's landmark review order dated 18.10.2024, wherein the Apex Court recalled its earlier judgment in the matter of Union of India & Anr. Vs. Ganpati Dealcom Private Limited, reported in 2024 SCC OnLine SC 298.

The appellants moved the High Court contending that the Tribunal's decision to restore the appeals was legally unsustainable, particularly in light of certain subsequent judicial developments that, according to them, cast doubt on the propriety of exercising review jurisdiction in such circumstances.

The Tribunal's Original Order of 30.11.2022 — A Crucial Foundation

Central to the High Court's reasoning was the language employed by the Tribunal in its earlier order dated 30.11.2022. While allowing the appeals at that stage primarily on the strength of the Supreme Court's decision in Ganpati Dealcom Private Limited, the Tribunal had expressly stated:

"It is however made clear that if the Apex Court reviews its judgment, the respondent would be at liberty to take appropriate remedy pursuance to it which includes filing a review petition before this Tribunal. It is also made clear that if the Department has an independent right to initiate the action taking the Amendment Act, 2016 to be prospective and does not offend the judgment of the Apex Court in the case of 'Union of India & Anr. Vs. M/s Ganpati Dealcom Pvt. Ltd.' (supra) then this order would not come in their way as otherwise action can be governed by para 130(f) of the judgment (supra)"

This express carve-out, preserving the Union of India's liberty to seek review contingent on a Supreme Court review, became the cornerstone upon which the subsequent review application was grounded.

What Transpired After 18.10.2024

When the Supreme Court, through its order dated 18.10.2024, recalled the entirety of its earlier judgment and set at naught the order dated 23.08.2022, the foundational premise upon which the Tribunal's order of 30.11.2022 had been built ceased to exist. The Union of India promptly moved review/rectification applications before the Tribunal.

The Tribunal, in its order dated 10.07.2025, elaborated on the sequence of events: