TAVSUM KHATUN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/6615/2025 · 2025-07-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152828 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152828 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42791-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6615 of 2025 Petitioner :- Tavsum Khatun Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Yogesh Tiwari Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. This petition has been filed by the petitioner with the following main prayer :
"(i) issue a writ order or direction in the nature of mandamus directing and commanding the opposite party no. 4 to decide the representation/objection dated 06.02.2025 filed by the petitioner against the Order Dated 14.02.2023 in Computerize Case no. D202310430000310, Case no.310/2023 titled as State Vs Rafeeulla under section 14(1) of U.P. Gangster Act, in expeditious manner." It has been submitted by learned counsel for the petitioner that on 14.02.2023 District Magistrate, Lakhimpur Kheri has passed an order in Computerize Case No.D202310430000310, Case No.310 of 2023 "State vs. Rafeeulla under Section 14(1) of U.P. Gangster Act thereby ordering the confiscation of the property bearing Gata No.169/0.470 Hector. It is contended that the said property belongs to the petitioner and not her husband and she acquired it from her own savings. The order of confiscation is alleged to be unjust and therefore the instant petition has been filed with the aforesaid prayer. Learned A.G.A. has raised a preliminary objection regarding the maintainability of the writ petition in
view of the statutory remedy of appeal being available to the petitioner. The writ petition is dismissed as not maintainable n view of the statutory remedy of appeal being available to the petitioner. Order Date :- 25.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench