- (1.) HEARD learned coun sel for the petitioner and learned Govern ment Advocate. Respondents may file counter- affidavit within 2 weeks. Respon dents 5 to 7 will be served within 4 days through the S. S. P.
(2.) THE allegations in para 10 of the writ petition are very serious. THE dispute relates to the shop and residential premises situated in plot No. 33 in Village Bhopa Bazar, P. S. Chauri Chaura, District Gorakhpur which had been allotted to the father of the petitioner, Lal Bahadur Singh who had constructed a residential house upon the aforesaid plot in the year 1971 and since then he is living alongwith his family including the petitioner in the aforesaid house. In 1985 Lal Bahadur Singh also constructed three shops in the said premises and his whole family is de pendent on the said shops. It is alleged in para 6 of the writ petition that Ram Chandra Jaiswal, respondent No. 5 is operating a gang of Anti-social persons of the locality and he is habitual of grabbing houses. Pyare Lal, respondent No. 6 and Prabhakar Rai respondent No. 7 belong to the R. S. S. and respondent No. 7 is alleged to be the Zila Pracharak of R. S. S. THEy in itiated proceedings against the petitioner under Section 145 Cr. PC. as stated in paras 6 and 7 to the writ petition. THEreafter the petitioner's Criminal Revision No. 283 of 1999 was allowed by the learned Sessions Judge, Gorakhpur vide order dated 27-11-1999, Annexure-4 to the writ petition. THE learned Sessions Judge recorded a finding to the effect that petitioner is in possession of disputed premises vide Anneuxre-4 to the writ petition. Subsequently, when the respon dents No. 5 to 7 could not grab the house by the aforesaid method, it is alleged in para 10 of the petition that on 30-1-2001 the respondents No. 5 and 6 alongwith other anti- social persons armed with illegal weapons attacked the aforesaid shops of the petitioner and kidnapped the petitioner at about 11 a. m. and confined him in the premise of Gopal Shishu Mandir situated in Bhopa Bazar, P. S. Chauri-Chaura, District Gorakhpur and there after the respondent Nos. 5 to 7 with the help of their other political supporters and bad elements have forcibly taken posses sion of the aforesaid shops in dispute and looted the goods of the shops of the petitioner which were kept in the aforesaid shops. The goods of the value of more than 1 lac rupees were looted by the respon dents No. 5 to 7 with the help of their anti-social persons and political sup porters. The respondents No. 5 to 7 have ransacked the shops of the petitioner, and the furniture's in the aforesaid shops of the petitioner were broken and thrown out from the said shop with the help of politi cal supporters and anti-social elements. The petitioner lodged an F. I. R. being Crime Case No. 34 of 2001, under Sections 394 and 342,1. P. C. on 31-1-2001 at 13. 00 p. m. A true copy of the First Information Report is annexed as Annexure 5 of the writ petition.
(3.) THEREAFTER in para 13 of the writ petition it is alleged that after taking the aforesaid illegal and forcible possession of the aforesaid shop of the petitioner, the respondent No. 7 has opened the office of Rashtriya Swayam Sevak Sangh in the aforesaid premises and at present the respondents No. 5 to 7 are running the office of R. S. S. in the premises of the aforesaid shop of the petitioner and the police officers are co-operating with the respondents No. 5 to 7 and the local police is not doing fair investigation and till date the looted goods have not been recovered by the police and the cryings of the petitioner was not at all heard by the police or by the local administration. The petitioner and his whole family was left weeping in the street and all his goods and belongings were taken away by the respon dents No. 5 to 7. In respect of the aforesaid incident a photograph was also taken by the Press Photographers but due to politi cal pressure of the respondents No. 5 to 7 the photographs could not be published in newspapers. THEREAFTER the petitioner sent a telegram to the D. I. G. (Police) and S. S. P. , Gorakhpur vide Annexure-3 to the writ petition but to no avail. If the allegations of the petitioner are correct, it is a very serious matter. This country is governed by the Rule of law and no one, not even those in political power, can be allowed to break the law.;