Imtiyaz Murtaza, Amar Saran, JJ. - (1.) This writ petition in the nature of certiorari has been filed for quashing the order dated 26th October 2004 passed under section 14(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the Act) and order dated 17th December 2004 under section 16 (wrongly described as under section 14(1) of the Act) passed by the District Magistrate, Kanpur Nagar against Manoj Pasi, son of the petitioner Ram Kumar.
(2.) The petitioner Ram Kumar made a representation to the DM under section 15(1) of the Act, with the allegations that the house which has been attached by the District Magistrate, Kanpur Nagar was actually purchased by the petitioner 30 years back when Manoj Pasi was not even born as Manoj was only 25 years in age. Moreover, Manoj Pasi according to the petitioner had nothing to do with the said property and he was also in jail since October, 2002 and actually the petitioner has got Pakka rooms constructed in the property by getting the earlier Kachcha rooms demolished. In fact he has made the said payment as he has obtained voluntary retirement form the Victoria Mill on 30th January 2003 and in this connection a cheque amounting to Rs. 3,04,367/- was issued in favour of the petitioner Ram Kumar, which was drawn on the petitioner's Allahabad Bank Account No. 10283 on its Rania Branch, Kanpur Dehat. The petitioner claims to have withdrawn Rs. 1,50,000/- out of that amount for the afore-said purpose.
(3.) It appears that the District Magistrate was not satisfied with the aforesaid explanation furnished by the petitioner and attached greater weight to the comments of the S.O P.S. Bidhuna to the effect that Manoj Pasi was involved in criminal activities since 2002 and the proceedings under the Act were pending against him. In the order dated 17th December 2004 the D.M. also observed that,the petitioner failed to given any proof that as a matter of fact withdrawals had been made from his account and the construction effected from the funds of the VRS money received by the Ram Kumar. It can also ordinarily be expected that some part of the VRS Money would also be spent by the petitioner for his own survival specially as his son was in Jail and better particulars needed to have been furnished by him to show that the property was not acquired out of the earning. by gangsterism by his son Manoj Pasi or that in fact Manoj Pasi had nothing to do with the present house.;