PREM NARAIN SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri V. M. Zaidi, learned senior advocate assisted by his colleague in support of this petition and Sri Sand, learned Addl. Government Advocate who appeared for the State officials.

(2.) Challenge in this petition is the order passed by the District Magistrate, Kanpur Nagar by which representation filed by the petitioner for release of the attached property has been rejected and reference has been made as provided under Section 16 of The U. P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 for consideration of the claim by the Special Court constituted for the purpose.

(3.) Submission of the learned counsel for the petitioner is that order of the District Magistrate is clearly arbitrary and that is against the weight of the evidence on record and various documents filed by the petitioner in the shape of map, municipal record etc. has been over-looked or has been mis-red and no proper satisfaction has been recorded as required under the Act, and therefore, it is a case where property of the petitioner has been taken away in arbitrary manner.