NAGENDRA BRAHMCHARI CHELA BRAHMLEEN ANAND SWAROOP BRAHMCHARI Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
Nagendra Brahmchari Chela Brahmleen Anand Swaroop Brahmchari
State of Uttarakhand and others
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(2.) Learned counsel for the parties agree that this writ
petition may be decided at the admission stage itself.
This criminal writ petition is filed by the petitioner for
issuing a writ of certiorari to quash the orders dated 8.9.2008
and 17.10.2011 passed by respondent no. 2. A prayer has also
been made to issue a writ in the nature of mandamus to direct
the respondents to release the property in question to the
petitioner. The petition is supported by an affidavit.
(3.) Petitioner alleged that the petitioner is a trusty of
Mokshdham Ashram, which is adjoining with Dudhadhari
Ashram. Dudhadhari Ashram is a very prosperous Ashram,
which has political approach. In this Ashram, a number of
politicians come and stay, and Dudhadhari Ashram wants to
grab the land of the petitioner's Ashram. Due to this, a number
of cases (both civil and criminal) were filed against each other.
In some of the cases, the petitioner has been acquitted and some
of the cases are still pending. The petitioner purchased a plot
(area 2000 sq. ft.) on 25.1.2006 in Rs. 1,50,000/- (One Lac Fifty
Thousand). The said plot of the petitioner was seized by the
respondents and they fixed a date of auction under Section 14
of the Uttar Pradesh Gangsters and Anti-social Activities
(Prevention) Act, 1986 (hereinafter referred to as the Act).
Against this, the petitioner filed a reference before the Special
Judge, Gangster Court, Haridwar. In the said application, the
petitioner submitted that the learned Judge has passed an order
that the respondent has not submitted any information to the
court concerned and not any reference has been filed by the
District Magistrate. Hence, he stayed the auction of the said
plot. The petitioner has submitted that no case is pending
against the petitioner in Case Crime No. 411/07 under Section
2/3 of the Act, P.S. Jawalapur, District Haqridwar and in all the
alleged cases, he has been acquitted. The petitioner has further
submitted that in the above Case Crime No. 411/07 under
Section 2/3 of the Act, the Investigating Officer has already
submitted final report on 1.3.2008. It has further been stated in
paragraph 9 of the petition that respondent no. 2 has passed
order without due consideration of facts and circumstances of
the case, misusing the Act. The petitioner has submitted that
though no case is pending against him in Case Crime No.
411/07 under Section 2/3 the Act at P.S. Jawalapur, District
Haridwar, yet the plot of the petitioner has been seized, which
is absolutely arbitrary and misuse of the Act.;
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