Hon'ble Rajeev Singh,J.
Heard Shri V.K. Tiwari, learned counsel for the petitioner, Shri Rajiv Raman Srivastava, learned counsel for the respondent no. 5 and Shri Devansh Bhardwaj, learned A.G.A. for the State.
By means of present writ petition, the petitioner has prayed for quashing the order dated 2.1.2021 passed by respondent no. 2, by which the house of petitioner bearing number 322 situated at Mohalla Batsganj, Tehsil Sadar, District Sitapur has been illegally attached/seized under the provisions of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. The order dated 2.1.2021 has been published for press note vide press note/order dated 3.1.2021 and further to direct the respondents to release the aforesaid house in favour of the petitioner.
Learned A.G.A. has pointed out that the property in question has been attached by the District Magistrate, Sitapur vide order dated 2.1.2021 passed under Section 14 (1) U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. He submits that the said order has not been annexed with the present petition and only a news item has been annexed as Annexure-1 to the present petition to which learned counsel for the petitioner submits that the petitioner is the bonafide purchaser of the property in question which he has purchased from one Shoeb Ahmad.
Learned counsel for the petitioner further pointed out that he made a representation under Section 15 (1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 before the District Magistrate, Sitapur on 11.1.2021 through registered post, copy of which is annexed as Annexure-4 to the present writ petition, but the same has not been attended till date and the petitioner along with his family member is living without proper accommodation as his house has been attached.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we are not inclined to grant the prayer made in the present writ petition, hence the same is hereby refused.
However, the District Magistrate, Sitapur is directed to consider and decide the representation of the petitioner dated 11.1.2021 moved under Section 15 (1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, in accordance with law, after affording proper opportunity of hearing to all necessary parties, expeditiously, preferably within a period of three weeks from the date of production of a certified copy of this order.
With the aforesaid observations, the petition stands disposed of.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 19.2.2021 Arnima