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SAIRA BEGUM versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Saira Begum v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 12636 of 2005 [2005] RD-AH 7535 (14 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.3

Criminal Misc. Writ Petition No.12636 of 2005

Saira Begaum                                Vs.                       State of U.P. and others                          

Hon.Amitava Lala,J.

Hon.Shiv Shanker,J.

Petitioner has contended before this Court that she has purchased the property and she has no association with the alleged gangsters, her brothers. She or her husband is separate assessee under the Income Tax Act. Therefore, the property cannot be attached. Learned Government Advocate appeared and contended before this Court that the property can be attached under Section 14 of the U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, provided the same has been acquired  by the gangsters. According to us, acquiring of the property does not substantially mean the purchase alone. Therefore, it is a question of investigation of facts by an appropriate authority. Learned Government Advocate has further said that the property can be released on the appropriate application  under Section 15 of the Act. Even if the petitioner is aggrieved, she can prefer an appeal. Learned counsel appearing for the petitioner contended that although notice has been served   on 19th October, 2004 to others but till this date no notice has been served upon the petitioner to attach the property under Section 14 of the  Act. Therefore, she cannot  represent her case before the appropriate authority under Section 15 of the Act. We do not find any factum  in the order dated 19th October, 2004 till this date that no notice is served upon her. But since the petitioner has contended before this Court that notice has been served to others but not to the petitioner taking the plea regarding merit in the Court, we feel such submission is  good enough to treat a service of notice. Hence this date will be construed as date of issuance of the notice for the sake of substantial justice. The  purpose of issuance of notice,  as made in the law, is to fillful the purpose of audi alteram partem. According to us this has been fulfilled today. The date for making an application will be counted from this date. The petitioner may apply to release the property under Section 15 of the Act within the time from today itself, if necessary, by annexing the order passed by this Court. For the purpose of  consideration of this matter the case of the petitioner will be given fullest opportunity of hearing and  pass reasoned order thereon. For the purpose of effective  adjudication, copy of the writ petition along with its annexures can also be treated as part and parcel of the representation. In case, the petitioner is aggrieved, she will have a right appear before the appropriate  court  for enquiry under  Section 16 of the Act.  Even thereafter  the petitioner has a right of appeal under Section 18 of the Act.

The writ jurisdiction is not the forum for adjudication of such dispute.

With the above observation, the writ petition is dismissed on the ground of alternative remedy. We make it clear that we have gone through the merit of the case which is open for the petitioner to raise before the appropriate forum. This order will not prejudice the interest of the petitioner in getting hearing on merit.

No order is passed as to costs.

Dt.14.12.05

Asha


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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