Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:85368-DB Court No. - 39 Case :- WRIT - C No. - 15402 of 2025 Petitioner :- Mohammad Saleem Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rahul Agarwal Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Mr. Rahul Agarwal, learned advocate appears on behalf of petitioner and submits, under challenge is list of properties notified as cannot be dealt with, to extent it includes properties of his client. He submits, his client had no connection with Ateek gang. He relies on order dated 20th March, 2025 of co-ordinate Bench in Writ-C no. 42284 of 2024 (Mohd. Irshad Vs. State of U.P. and 5 others) to submit, there be direction effecting release of his client's property from the list.
2. Mr. Fuzail Ahmad Ansari, learned advocate, Standing Counsel appears on behalf of State and submits, said order dated 20th March, 2025 (supra) is not applicable to petitioner's case.
3. Two paragraphs from said order dated 20th March, 2025 (supra) are reproduced below.
"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." In this case the list was notified by the District Magistrate. We
accept contention of State that said order dated 20th March, 2025 (supra) is not applicable to petitioner's case.
4. On query Mr. Agarwal submits, his client made representation dated 9th April, 2025 to respondent no.2 (the Commissioner). Said respondent is directed to consider the representation. Petitioner will communicate certified copy of this order and copy of the representation to said respondent. Within four weeks thereof, result of the consideration be made known to petitioner.
5. The writ petition is disposed of. Order Date :- 21.5.2025 Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad