SMT. JUBAIDA KHATOON v. STATE OF U.P. THRU. SECY. FINANCE and REVENUE and 3 ORS.
WRIC/5398/2015 · 2025-11-25
Amitabh Kumar Rai, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175799 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175799 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 5398 of 2015 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard the learned counsel for the petitioner and the learned Standing counsel, who appears on behalf of the Respondent nos.1, 2, 3 and 4. 2. This petition has been filed by the petitioner for the following main prayers:-
"i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing to the Opposite party no.2 to permit the petitioner for the sell of Gata No.972, situated in Village Panihal, Tehsil-Nawabganj, District Barabanki, measuring Area 0.782 hectare, being her own property including other concerned authorities, in the interest of justice. ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the District Magistrate, Barabanki, to dispose of the petitioner's representation dated 26.02.2015 as well as 28.04.2015 as early as possible, in the interest of justice (contained as Annexure No.2 and 3 to this writ petition)."
3. After hearing the counsel for the petitioner at some length and going through the pleadings on record and the Annexures, it Versus Counsel for Petitioner(s) : Ayodhya Prasad Mishra, Anshuman Das, Farooq Ayoob, Mansi Gupta, Ram Sahay Yadaw Counsel for Respondent(s) : C.S.C. Smt. Jubaida Khatoon .....Petitioner(s) State Of U.P. Thru. Secy. Finance And Revenue And 3 Ors. .....Respondent(s)
appears that the husband of the petitioner was convicted under N.D.P.S. Act and the Office of the Competent Authority under Smuggler and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, and N.D.P.S. Act, 1985, passed an order on 28.08.2000 under Section 681(1) of the Narcotics Drugs and Psychotropic Substances Act, 1985, forfeiting certain property and declaring it to be vested in the Central Government without any encumbrances. In the said order dated 28.08.2000 there is no mention of Gata No.792 situated in Village Panihal. However, the said property has also been taken over and the petitioner has not been allowed to sell the property which is still in the name of the petitioner and which has been wrongly entered in the Revenue Record on 20.01.2014 in the name of Competent Authority and Administrator of NDPS Act, New Delhi. 4. The petitioner has not challenged the Revenue Entry dated 20.01.2014 passed in pursuance of the order dated 28.08.2000.
Only a prayer has been made for a Mandamus to be issued to the Respondents to allow her to sell the property. 5. Learned counsel appearing for the State-respondents has apprised the instructions dated 16.09.2015 sent by Assistant Registrar (Stamp & Registration), Tehsil Nawabganj, District Barabanki, which are not very relevant for the case. 6. We have gone through the Annexure-4 to the writ petition which is a copy of the extract of Khatauni of 1417-1422 Fasli of Gram Panihal, Pargana Satrikh, Tehsil Nawabganj, District Barabanki, wherein Gata No.792 admeasuring 1.0270 Hectare has been shown to have been taken over in terms of letter dated 18.05.1998 sent by District (OPM Officer) / Zila Afeem Adhikari in pursuance of order passed by the Competent Authority and Administrator under SAFEMA Act communicated to him through Fax and in pursuance of letter dated 25.02.2013 sent by the A.D.M. and the letter dated 28.11.2013 sent by the District Magistrate, in pursuance of which the SDM Nawabganj by an order dated 20.01.2014 has struck out the name of Mohd. Javed Son of Mohd. Jabir and recorded the WRIC No. 5398 of 2015 2
property as belonging to the Government of India, Finance Department, through Competent Officer and Administrator NDPS. 7. The writ petition is entirely misconceived. It is dismissed. November 25, 2025 N.PAL WRIC No. 5398 of 2015 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench