- 1 - HC-KAR NC: 2025:KHC:32416 WP No. 17646 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 17646 OF 2025 (GM-POLICE) BETWEEN: M/S. MUJTABA FOUNDATION, A REGISTERED FOUNDATION HAVING ITS OFFICE AT NO. 101/10, 9TH CROSS, WILSON GARDEN, BENGALURU 560 027 REPRESENTED BY ITS CHAIRMAN SMT. ANOOD SADIQ D/O LATE SRI. SADIQ AHMED, AGED ABOUT 38 YEARS. …PETITIONER (BY SRI. H S PRASHANTH.,ADVOCATE) AND: 1. THE STATION HOUSE OFFICER, K. G. HALLI POLICE STATION, K. G. HALLI, BENGALURU. 2. NATIONAL INVESTIGATION AGENCY, 8TH FLOOR, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32416 WP No. 17646 of 2025 VISHWESHWARAIAH KENDRIYA BHAWAN, DOMLUR, BENGALURU -560071 KARNATAKA. …RESPONDENTS (BY SRI.P. PRASANNA KUMAR., ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO- DIRECTIONS TO THE RESPONDENTS AND JURISDICTIONAL LOCAL POLICE STATION TO REMOVE SEIZING OF PROPERTY FORTHWITH AND WITH FURTHER DIRECTION TO HAND OVER VACANT POSSESSION OF SAME TO THE PETITIONER. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:32416 WP No. 17646 of 2025 ORAL ORDER The petitioner, a trust, asserts ownership of the subject property and contends that it had permitted an organization banned under the provisions of the Unlawful Activities [Prevention] Act, 1967 [for short, 'the UAPA Act'] to occupy certain portions of the property under a lease arrangement. However, the details of the lease arrangement are not placed on record. The petitioner seeks directions to the National Investigation Agency [the respondents] to remove the seal and hand over possession of portions of the property to let out to the aforesaid organization. 2. Sri H.S.Prashanth, the learned counsel for the petitioner, submits that the respondents have completed investigation and filed charge sheet and there is nothing incriminating against the petitioner, but no action is taken to hand over the possession after breaking open the seal. In response, Sri.P.Prasanna Kumar, the learned standing counsel - 4 - HC-KAR NC: 2025:KHC:32416 WP No. 17646 of 2025 for the respondents, submits that with the notification as contemplated under Section 8(1) of the Act, if any person proposes to use the property, such person must necessarily make an application under Section 8(4) of the UAPA Act and the petitioner must avail such remedy. 3. The provisions of Section 8 of the UAPA Act reads as under: "8. Power to notify places used for the purpose of an unlawful association.— (1) Where an association has been declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section, the Central Government may, by notification in the Official Gazette, notify any place which in its opinion is used for the purpose of such unlawful association. Explanation.—For the purposes of this sub- section, “place” includes a house or building, or part thereof, or a tent or vessel. - 5 - HC-KAR NC: 2025:KHC:32416 WP No. 17646 of 2025 (2) On the issue of a notification under sub- section (1), the District Magistrate within the local limits of whose jurisdiction such notified place is situate or any officer authorised by him in writing in this behalf shall make a list of all movable properties (other than wearing- apparel, cooking vessels, beds and beddings, tools of artisans, implements of husbandry, cattle, grain and food-stuffs and such other articles as he considers to be of a trivial nature) found in the notified place in the presence of two respectable witnesses. (3) If, in the opinion of the District Magistrate, any articles specified in the list are or may be used for the purpose of the unlawful association, he may make an order prohibiting any person from using the articles save in accordance with the written orders of the District Magistrate. (4) The District Magistrate may thereupon make an order that no person who at the date of the notification was not a resident in the notified place shall, without the permission of the District Magistrate, enter, or be on or in, the notified place: - 6 - HC-KAR NC: 2025:KHC:32416 WP No. 17646 of 2025 Provided that nothing in this sub-section shall apply to any near relative of any person who was a resident in the notified place at the date of the notification. (5) Where in pursuance of sub-section (4), any person is granted permission to enter, or to be on or in, the notified place, that person shall, while acting under such permission, comply with such orders for regulating his conduct as may be given by the District Magistrate. (6) Any police officer, not below the rank of a sub-inspector, or any other person authorised in this behalf by the Central Government may search any person entering, or seeking to enter, or being on or in, the notified place and may detain any such person for the purpose of searching him: Provided that no female shall be searched in pursuance of this sub-section except by a female. (7) If any person is in the notified place in contravention of an order made under sub- section (4), then, without prejudice to any other proceedings which may be taken against him, he may be removed therefrom by any officer or - 7 - HC-KAR NC: 2025:KHC:32416 WP No. 17646 of 2025 by any other person authorised in this behalf by the Central Government. (8) Any person aggrieved by a notification issued in respect of a place under sub-section (1) or by an order made under sub-section (3) or sub-section (4) may, within thirty days from the date of the notification or order, as the case may be, make an application to the Court of the District Judge within the local limits of whose jurisdiction such notified place is situate— (a) for declaration that the place has not been used for the purpose of the unlawful association; or (b) for setting aside the order made under sub-section (3) or sub-section (4), and on receipt of the application the Court of the District Judge shall, after giving the parties an opportunity of being heard, decide the question." 4. It is undisputed that the Central Government has issued Notification as contemplated under Section 8(1) of the UAPA Act and if this is so, given the Scheme under Section 8 of the UAPA Act, - 8 - HC-KAR NC: 2025:KHC:32416 WP No. 17646 of 2025 this Court is of the view that the petitioner must file an application with the concerned Court as contemplated under the afore enactment and there will be no occasion for this Court to interfere. As such, subject to all just exceptions, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr