In this writ petition challenging property attachment under the Gangsters and Anti-Social Activities (Prevention) Act, 1986, the petitioner requested withdrawal of the petition citing the availability of representation remedy under Section 15 of the Act.
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Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 1560 of 2021
Petitioner :- Abdul Wali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Pandey,Rohit Nandan Pandey
Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Sanjay Kumar Pachori,J.
Learned counsel for the petitioner has submitted that the property of the petitioner has been attached by the District Magistrate, Bijnor vide order dated 24.12.2020, under Section 14(1) The U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, which was purchased by the petitioner in the year 2015 taking housing loan from the State Bank of India, Sherkot, District Bijnor.
Where any property is attached, under Section 15 of the aforesaid Act, the claimant thereof may within three months from the date of knowledge of such attachment may make a representation to the District Magistrate showing the circumstances in and the sources by which such property was acquired by him.
As the remedy of filing representation against the order of the District Magistrate is available to the petitioner, learned counsel for the petitioner wants to withdraw this writ petition.
Accordingly, this writ petition is dismissed as withdrawn.
Order Date :- 18.3.2021 T. Sinha
1 issue framed by the court
Whether a petition seeking stay of attachment of property is maintainable when an alternative remedy under Section 15 lies available.
2 provisions across 1 enactments
Abdul Wali
State Of U.P.
3 Others
Bachchoo Lal
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
