- (1.) Heard Sri R.N. Gupta, learned Counsel for the Petitioner and Sri P.K. Nigam, learned Additional Government Advocate.
(2.) The Petitioner being aggrieved by the order dated 27th June, 2008, passed by the District Magistrate, Shravasti has filed the instant writ petition. The Petitioner has alleged that he is an Assistant Teacher in Basic Primary School in village Hadilla Block, Bilaula, district Shravasti. The Petitioner has also alleged that, at present, he is holding the charge of Head Master since 1990 and is drawing salary of Rs. 12,000 per month. The Petitioner has also alleged that he has purchased the vehicles No. UP-46-5631, UP-46-6065, UP-46-6570, UP-46-6575 and UP-46-6875 after taking loan from Mahindra and Mahindra Financial Service Limited, Faizabad Road, Lucknow. The Petitioner has also alleged that all the vehicles are registered as 'taxi' and were plying on the route.
(3.) Learned Counsel for the Petitioner submits that in a most arbitrary and illegal manner, the District Magistrate, Shravasti attached the vehicles of the Petitioner by invoking the provisions of Section 14(1) of U. P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred as the Act). He further submits that in the impugned order, there is no mention that the Petitioner has acquired the property as a result of commission of an offence under the Act. He further submits that against the impugned order dated 27th June, 2008 the Petitioner has already preferred a reply under the provisions of Section 15 of the Act before the District Magistrate on 23.7.2008. He further submits that the Petitioner is a bhumidhar of 20 bighas of agricultural land which is the ancestral property.;