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2025 DAILYLAW 111470 (ALL)

MOHD. IRSHAD v. STATE OF U.P. AND 5 OTHERS

WRIC/42284/2024 · 2025-03-19

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40622-DB Court No. - 29 Case :- WRIT - C No. - 42284 of 2024 Petitioner :- Mohd. Irshad Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar Aditya,D.M.Tripathi Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the parties. The writ petition was entertained and instructions were invited from the respondents vide following orders passed on 18.12.2024: "1. Learned Standing Counsel prays for and is granted ten days' time to obtain clear written instructions why administrative restraint has been placed on the petitioner's right to sell his immovable property. 2. Put up as fresh on 08.01.2025." On the previous occasion, instructions of the respondents were not found satisfactory and consequently the District Magistrate, Prayagraj, has been called upon to file his personal affidavit. The personal affidavit of the District Magistrate, Prayagraj has been filed today, which is taken on record. In paragraph no.6, it is stated that no authority has been invoked by the respondents to put restraint on selling of the petitioner's land. It appears that there was some apprehension that the land of the petitioner was acquired out of the proceeds of the crime attributed to Ateeq Gang. However, no order of attachment in respect of the property in question has ever been passed by the District Magistrate in respect of the petitioner's land. In view of the stand taken by the respondents, we find that there is no restraint imposed by any of the respondents restricting the rights of the petitioner to deal with his property. Therefore, no further grievance remains. The petitioner is at liberty to deal with his property, in accordance with law. Accordingly, the present writ petition is disposed of. Order Date :- 20.3.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad