The court emphasized that property cannot be attached under the U.P. Gangsters Act without reasonable belief based on evidence, reinforcing the necessity of following natural justice principles during administrative proceedings.

JUDGMENT :

Hon'ble Gajendra Kumar, J.-Heard learned counsel for the petitioners and learned AGA for the State-respondents.

2. Present writ petition under Article 226 of Constitution of India is preferred praying for following reliefs :

''(1) To issue a writ, order or direction in the nature of certiorari quashing the impugned proceeding being held by the respondent Nos. 2 and 3 in terms of provisions of Section 14(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 against the petitioner No. 1 and quash the impugned order dated 7.12.2023 passed by respondent No. 2 under Section 14(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Hazarat Nagar Garhi, District Sambhal attaching the double story house of the petitioner No. 1 on the pretext that it has been built by the money collected in illegal way by the gangster Rehbar Hasan (petitioner No. 2).

(2) To issue a writ order, or direction in the nature of mandamus directing the respondent Nos. 2 and 3 to release the house of the petitioner No. 1, which is built on the plot No. 1618, area around 0.3480 hectare, which is situated at village Sirsi in favour of the petitioner No. 1

(3) To issue any other or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.''

3. Brief facts of the case are that on the basis of gang chart prepared and approved, First Information Report bearing Case Crime No. 142 of 2022, under Section 3(1) of U.P. Gangster and Anti Social (Activities) Act, 1986 (in short 'Act 1986') was filed by the S.H.O. Ramveer Singh, Police Station Hazrat Nagar, Garhi, District Sambhal with the allegation that Rehbar S/o Razi Hasan, R/o Mohalla Sharki Kasba Sirsi, P.S. Hazrat Nagar Garhi, District Sambhal is the gang leader of the gang and Rajeev S/o Badam Singh and Ballu @ Nawab Haidar S/o Fakare are the active members of the said gang. They are engaging in gambling activities for the temporal and pecuniary gains of the family, even they intimidate the people and extract money from them. There is a fear and terror prevalent among the people that is why no one dares to stand witness against them. They are continuously engaging in crime and it is not safe to keep them free. FIRs in case Crime No. 117 of 2022 under Section ¾ Public Gambling Act and Case Crime No. 121 of 2022, under Section 384/387/506 IPC are lodged with the local police, in which, charge-sheets have been filed respectively, charge-sheet No. 113 of 2022 dated 20.6.2022 and 116 of 2022 dated 22.6.2022 have been submitted to the Court and the cases are pending therein.

4. On the basis of police report filed by the S.H.O. Hazarat Nagar Garhi, District Sambhal dated 5.10.2023, proceeding under Section 14 (1) of U.P. Gangster and Anti Social (Activities) Act, 1986, was initiated and order of attachment was passed by the District Magistrate concerned on 3.3.2023. Against which, objection/representation dated 20.4.2023 was filed by the petitioner No. 1 with the averment that the attached property belongs to petitioner No. 1, he is owner and in possession of the same and it is his ancestral property and the house has been built there