Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:57453-DB Court No. - 39 Case :- WRIT - C No. - 11607 of 2025 Petitioner :- Subodh Yadav Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Gaurav Tripathi Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. Mr. Gaurav Tripathi, learned advocate appears on behalf of petitioner and submits, his client's properties were taken possession of by State exercising power under provisions in Gangsters and Anti-Social Activities (Prevention) Act, 1986. His client has come with specific statements made in the petition against respondents no.6, 7 and 8, as are seeking to encroach the properties. His client has remedy under the Act and is likely to succeed. Meanwhile State is responsible for the properties, taken possession of. Encroachments are being allowed. He seeks interference. Mr. Mohan Srivastava, learned advocate, Standing Counsel appears on behalf of State. He submits, the properties are liable to and will vest in the State under provisions in the Act. Petitioner says he has availed of statutory remedy. Till decision is made regarding the properties, State must ensure that they are not encroached upon by private respondents no.6 to 8 or any other person. For clarity, prayer (i) in the writ petition is reproduced below.
"Issue a writ or direction in the nature of mandamus commanding the respondent no. 1, 2, 3, 4 and 5 to protect the properties of the petitioner mentioned in List - 1 of the order dated 18.10.2022 passed in case no. 610 of 2022 (State Vs. Rameshwar Singh Yadav) continuing under section 14(1) of the Gangsters and Anti-Social Activities (Prevention) Act, 1986 from encroachment of any other person." State is put on notice to protect the properties in favour of result of proceedings initiated by petitioner for remedy and in any event. With above direction, the writ petition is disposed of. Petitioner will communicate certified copy of this order to respondents no.2, 3, 6, 7 and 8. Order Date :- 18.4.2025/ Gurpreet Singh (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad