Learned counsel for the petitioner submitted that present writ petition has been filed against the order dated 6.6.2022, passed by the District Magistrate, Sonbhadra, passed in Case No.D20221666000919 of 2022 (Sate vs. Lakshminarayan), under Section 14(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 Police Station Robertsganj, District Sonbhadra, by the impugned order, learned District Magistrate directed for attachment of a double storey building owned and possessed by the petitioner on the ground that the same has been acquired by gangster Lakshmi Naryan Singh against whom a case under Section 3(1) of Gangster and AntiSocial Activities (Prevention) Act has been registered vide Crime No. 265 of 2018, at Police Station Robertsganj, District Sonbhadra, in which Lakshmi Narayan Singh has been shown as gang leader. It is further submitted that the said gangster Lakshmi Narayan Singh was only tenant in the house and for that reason water connection was acquired by him with regard to tenanted property in his name. The house in question was built by the petitioner out of his own income and has not been built by money acquired by any gangster as a result of commission of the offence triable under the Act. In official revenue, the ownership of the land on which house is built is not entered in the name of said gangster. The impugned order has been passed by the learned District Magistrate in a cursory manner without giving any opportunity of hearing to the petitioner who is recorded owner of the said land on which the said house is built and to substantiate this fact, extract of Khatauni is filed along with the affidavit to the petition. The land i.e. Plot No. 591, Area 0.3040 hectare was acquired by the petitioner in succession, which was previously recorded in the name of his father Badri and his co-sharers. Therefore, it is prayed that the impugned order may kindly be set aside or quashed.
