Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Lalit Kishore Tiwari, learned counsel for the petitioners, Mrs. Smiti Sahay, learned A.G.A. for the State-respondents and perused the impugned FIR as well as material brought on record.
This writ petition has been filed by the petitioners- Neeraj Shukla, Majeed, Azad Ali, Ganga Ram Yadav, Shaukat Ali, Idrish Ali, Aslam and Mohd. Nadeem with prayer to issue a writ of certiorari to quash the impugned order dated 11.01.2021 passed by respondent no.2 with a further prayer to direct the respondent no.2 to release the vehicles of petitioners.
It has been argued by learned counsel for petitioners that the property of the petitioners has been attached by the impugned order dated 11.01.2021 passed by the District Magistrate, Sitapur- respondent no.2. He next argued that the petitioners have preferred representations before the District Magistrate, Sitapur, copy of which are annexed collectively as Annexure 7 to the petition, but the same have not yet been decided. He next argued that Mujeeb Ahamad, one of accused in FIR No.0003 of 2021, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, whose property was attached under Section 14(1) of Act, 1986 had approached this Court by way of filing Writ Petition No.2113 (M/B) of 2021, which was disposed of vide order dated 28.01.2021 with direction to the petitioner to make a representation before the District Magistrate, Sitapur under Section 15(1) of the Act, 1986 within a period of ten days from the date of order, which shall be decided by the District Magistrate within a further period of three weeks. Copy of the said order has been supplied by learned counsel for the petitioner, which is taken on record.
He further submitted that property of accused Mujeeb Ahmad has been released, but the property of the petitioners are still under confiscation. It is next argued that the petitioners were not made accused in FIR No.0003 of 2021, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, but their properties have been confiscated by the order dated 11.01.2021, passed by respondent no.2.
Learned A.G.A. does not dispute the facts as argued by learned counsel for the petitioners.
Considering the facts and circumstances of the case, the District Magistrate, Sitapur -respondent no.2 is directed to decide the representations of the petitioners submitted under Section 15(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, a copy of which is annexed as Annexure no.7 to the writ petition, in accordance with law, within a period of three weeks from today, if already not decided.
With the aforesaid direction, this petition is disposed of.
(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 24.8.2021 Anand/-