- (1.) The petitioner, Shilendra Singh, has instituted this petition under Article 227 of the Constitution, praying that a writ, order or direction in the nature of certiorari be issued, quashing an order passed by the learned Special Judge (Gangsters Act)/Additional Sessions Judge, Court No. 6, Jhansi dated 13.09.2019, made in G.S.T. Misc. No. 454 of 2017, accepting the District Magistrate's reference under Section 16 (1) of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 19861. Also challenged is the order of the District Magistrate, Jhansi dated 08.08.2017, ordering attachment of three motor vehicles of the petitioner under Section 14 (1) of the Act, 1986, and a further order dated 22.11.2017 passed by the District Magistrate last mentioned, rejecting the petitioner's representation made under Section 15(1), seeking release of the said property and making a reference along with his report to the Court under Section 16 (1) of the Act, 1986.
(2.) It must be remarked at the outset that in a petition under Article 227 of the Constitution, no order in the nature of a writ, mentioned in Article 226 of the Constitution, can be asked for. The distinction between a writ petition under Article 226 of the Constitution and a petition under Article 227 is substantial and clear. The prayer, therefore, made in this petition is not worded the way, it ought to be in a petition under Article 227 of the Constitution. Nevertheless, this petition being one under Article 227 of the Constitution, this Court proceeds to treat the prayer as one made to set aside the impugned orders above described, invoking the supervisory jurisdiction of this Court.
(3.) This petition has not been admitted to hearing formally, though this Court required the State to file a counter affidavit within two weeks, vide order dated 29.11.2019. The State has filed a counter affidavit in the matter on 08.01.2020, which is on record. On 18.02.2020, this Court passed the following order : "Learned counsel for the petitioner is hereby directed to show case laws about maintainability of the writ petition particularly keeping in view the provisions provided under Section 18 of the U.P. Gangster and Anti Social Activities (Prevention) Act. Put up this matter as fresh on 27.02.2020.";