Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 3747 of 2021 Petitioner :- Randheer Singh And 3 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Adya Prasad Tewari Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Gautam Chowdhary,J.
The petitioners being aggrieved by order dated 27.4.2021 passed by District Magistrate, Gorakhpur in exercise of power under Section 14 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, has filed the instant petition.
Learned counsel for the petitioners is not in a position to dispute that Section 15 of the Act permits representation to be made to the District Magistrate against order of attachment under Section 14 of the Act. The District Magistrate is invested with power to release the property from attachment upon satisfaction of genuineness of the claim of the person making the representation.
Sri Tiwari, learned counsel for the petitioners submitted that the petitioners shall make representation under Section 14 of the Act within two weeks and same may be directed to be decided within a specified time. Learned AGA has no objection to the same.
Accordingly, without interfering with the impugned order, the writ petition is disposed of with liberty reserved in favour of the petitioners to avail the remedy provided under Section 15 of the Act. In the event, such remedy is invoked within two weeks from today, it is hereby directed that the District Magistrate shall decide the representation by means of a speaking order within next eight weeks.
Order Date :- 28.5.2021 skv (Gautam Chowdhary, J.) (Manoj Kumar Gupta, J.) Digitally signed by Manoj Kumar Gupta Date: 2021.05.28 13:54:19 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Gautam Chowdhary Date: 2021.05.28 13:56:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad