The central legal point established in the judgment is the requirement for accurate property identification and the need for a modified order if there are discrepancies in property description under the Unlawful Activities (Prevention) Act.

ORDER :

Shree Chandrashekhar, J.

The appellant has challenged the order dated 16th January 2019 passed in W.P(C) No. 5381 of 2018.

2. By the said order, the writ Court refused to interfere with the notice dated 15th October 2018 issued by the Sub-Divisional Police Officer, Dumri, Giridih on the ground that a wrong description of the immovable property in the order dated 17th July 2018 passed by the Director General and Inspector General of Police, Jharkhand would not vitiate the notice.

3. Urmila Trivedi who is the appellant before us was issued notice dated 15th October 2018 with instructions to vacate the premises within one week.

4. The notice dated 15th October 2018 reads as under :

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ftyk fxfjMhg] iz[kaM fxfjMhg vUrZxr ekStk fxfjMhg] ¼edriqj½] Fkkuk ua0 95 Fkkuk uxj fLFkr lEifr tks] [kkrk@Fkksd ua0 52] IykWV@gksfYMx ua0 193 ¼ch½ dk jdck 06&2@3 Mh0 tks eukst pkS/kjh is0 ca'kh pkS/kjh lk0 Hkkjrh pydjh Fkkuk ihjVkWM ftyk fxfjMhg ds uke ls vftZr gS] dks e/kqcu Fkkuk dk0la0 04@18 rnuqlkj egkfuns'kd ,oa iqfyl egkfujh{kd >kj[k.M jk¡ph ds dk;kZy; Kkikad 2873@vfHk0 fn0 17&07&18 ds vkyksd esa ;w0,0ih0 ,DV dh /kkjk 24 ¼,½ @25 ds izko/kkuksa ds vUrZxr vxys vkns'k rd tIr fd;k tkuk gSA vr% vki lHkh dks vkns'k fn;k tkrk gS fd ,d lIrkg ds vUnj edku dks [kkyh dj nsaA

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English Translation:

Notice

The property under Khata/Thok No. 52, Plot/Holding No. 193 (B) measuring area 06-2/3 decimals situated under Thana No. 95, Mauza-Giridih (Makatpur), P.S.-Town, Block-Giridih, District-Giridih which is in the name of Manoj Choudhary, S/o Banshi Choudhary, R/o Bharti Chalkari, P.S.-Pirtand, District-Giridih is to be seized in view of Office Memo No. 2873/Abhi. dated 17.07.18 of the Director General and Inspector General of Police, Jharkhand, Ranchi in connection with Madhuban P.S. Case No. 04/18 under the provision of Section 24 (A)/25 of U.A.P. Act. Therefore, all of you are hereby ordered to vacate the house within one week.

Sd/-15/10/18

(Niraj Kumar Singh)

Sub-Divisional Police Officer,

Dumri, Giridih.

5. The notice dated 15th October 2018 was challenged by Urmila Trivedi by filing W.P(C) No.5381 of 2018.

6. Briefly stated, Urmila Trivedi wife of Bachan Kumar Trivedi resident of New Barganda under District-Giridih claimed right, title and interest over the lands admeasuring 5.14 decimals under Jamabandi No.52 in Mouza Makatpur, Thana No.95, Holding No.193 under Ward No.1 (Old) corresponding to Ward No.9 (New) within Giridih Municipality. The said piece of land was purchased by her through a registered sale-deed dated 18th June 2011 from Sushma Singh and on the basis of the sale-deed her name was recorded in the revenue records and she has been paying rent to the State. She further claimed that over a part of the said land a house has been constructed and she is paying house tax @ Rs.8,000/-per annum which was fixed vide Tax Fixation Suit No.336 and she has been paying taxes to the Giridih Municipality.

7. The writ Court referred to the provisions under sections 24-A and 25 of the Unlawful Activities (Prevention) Act, 1967 (in short, UAPA) and observed as under :

“6. It is evident from the provision as contained under Section 24-A which prohibits to hold or to be in possession of any proceeds of terrorism. Section 25 provides power of Investigating Officer and designated authorities which provides that the Investigating Officer, if has reason to believe that any property in relation to which investigation is being conducted, represents proceeds of terrorism, he shall, with the prior approval in writing of the Director General of Police of the State in which such property is situated, make an order seizing such property and where it is not practicable to seize such property, and making an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the Officer making such order, or of the designated authority before whom pr