Disposed

Faujdar Singh and 3 Others v. State of U.P and 4 Others .

Allahabad HC12 Jan 2021CRLP/15717/2020

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What is this about?

The High Court disposed of a criminal miscellaneous writ petition regarding the attachment of a property under the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, directing the District Magistrate to decide the petitioners' claim expeditiously after hearing.

What did the court decide?

Directed respondent no.2 to decide the claim of petitioners under Section 15 of the UP Gangster Act within two months after hearing.

Faujdar Singh and 3 Others Vs State of U.P and 4 Others . — Allahabad HC (2021) — LawSathi Research

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 15717 of 2020

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Petitioner :- Faujdar Singh And 3 Others Respondent :- State Of U.P And 4 Others . Counsel for Petitioner :- Muktesh Kumar Singh,Ramkripal Yadav

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Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.

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Heard Sri Muktesh Kumar Singh, learned counsel for the petitioners and the learned A.G.A.

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By order dated 31.7.2020 in Case No. D202014180000350 under Section 14(1) of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986 passed by District Magistrate, Chandauli, the disputed property has been attached.

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Learned counsel for the petitioners submits that the immovable property as has been shown in the impugned attachment order, belongs to the petitioners and yet it has been attached by the impugned order. It is further submitted that the petitioners have submitted a representation before the respondent no.2 i.e. District Magistrate, Chandauli under Section 15(1) of the Act, 1986 on 7.9.2020 which is pending.

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Learned counsel for the petitioners further submits that the relief in the writ petition may be moulded and the respondent no.2 may be directed to pass an order in accordance with law on the representation of the petitioners/claimants dated 7.9.2020, under Section 15 of the Act, 1986.

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Learned A.G.A. has no objection to the aforesaid request of the petitioners.

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In view of the aforesaid and without expressing any opinion on merits of the case of the petitioners/claimants, this writ petition is disposed of directing the respondent no.2 to decide the claim of the petitioners in accordance with law, expeditiously preferably within two months from the date of submission of a copy of this order, after affording opportunity of hearing to the petitioners. Petitioners are also directed to appear before the respondent no.2 within a week and comply with the provisions of Section 15 of the Act, 1986. It is further directed that the petitioners shall fully cooperate in the proceedings and shall

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produce all relevant documents and the source of acquisition of the property in question.

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With these observations, the writ petition is disposed of.

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Order Date :- 12.1.2021 SP

Faujdar Singh and 3 Others v. State of U.P and 4 Others .

Case brief

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Faujdar Singh and 3 Others v. State of U.P and 4 Others .

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