Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5957 of 2021 Petitioner :- Niranjan Nishad Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Vibhu Rai,Dhananjai Rai Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and learned A.G.A. for the respondents.
Present writ petition is preferred seeking following principal reliefs:-
"i) Issue an appropriate writ, order or direction commanding the respondent no.2 to pass a reasoned and speaking order after hearing the petitioner upon its representation dated 16.10.2020 and further to release the vehicles of the petitioner.
ii) Issue an appropriate writ, order or direction quashing the notice dated 26.9.2020 issued under Section 15 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986."
Learned A.G.A. has raised a preliminary objection regarding maintainability of the writ petition and submits that proceedings are still pending consideration. In case the petitioner files his objection then definitely the authority shall proceed to decide the same strictly in accordance with law.
No useful purpose would be served in keeping the writ petition pending consideration.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the second respondent/District Magistrate, Prayagraj to do needful in the matter and redress the grievance of the petitioner strictly in accordance with law within a period of three weeks from the date of production of a copy of this order before him.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.9.2021 RKP