KAILASH JAISWAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the material placed on record by the respective parties. Petitioner by the instant petition, inter alia, seeks the following relief:

(2.) It is submitted by learned counsel for the petitioner that it is not only a case of malicious prosecution to by-pass the civil decree but at the same time to coerce the petitioner to release the property in dispute in favour of the district administration. It is further submitted that having regard to the definition of 'Goonda' under the Uttar Pradesh Control of Goondas Act, 1970 (for short 'U.P. Goondas Act'), the proceedings could not have been initiated merely on lodging of a single case.

(3.) The facts briefly stated is that nazool land, bearing plot no. 125, Bungalow No. 5, situated at Park Road, Gorakhpur, admeasuring 30000 sq. ft. was transferred by the State vide freehold deed dated 24/25/9/1999, duly registered in favour of the petitioner, by the Collector, Gorakhpur, on behalf of the State Government. At the time of execution of the freehold deed, the erstwhile Sales Tax Department, presently, Trade Tax Department was occupying the premises on rent. The Trade Tax Department defaulted in payment of rent, aggrieved, petitioner instituted a SCC suit being Suit No. 33 of 2000 (Kailash Jaiswal Versus State of U.P. through Collector Gorakhpur and Trade Tax Department, through its Deputy Commissioner) seeking ejectment, as well as, recovery of arrears of rent. The suit came to be decreed partially directing ejectment of the Trade Tax Department vide order dtd. 1/12/2005. Aggrieved, the State of U.P. and the Trade Tax Department raised challenge to the ejectment order in revision being SCC revision No. 1 of 2006, which came to be dismissed vide judgment and order dtd. 29/3/2006. Thereafter, petitioner filed an execution application for possession of the premises and recovery of the decreetal amount by way of attachment and sale of property of the Trade Tax Department, being Execution Case No. 1 of 2006. Before the execution court the Trade Tax Department gave an undertaking that they would vacate the premises but did not comply with their undertaking. Petitioner in Writ-C No. 5190 of 2010 (Kailash Jaiswal Versus State of U.P. and others) approached this Court, wherein, the Court disposed of the writ petition directing the executing court to complete the execution within a period of one month and further directed the Senior Superintendent of Police and Collector, Gorakhpur, to provide necessary police protection to the executing court to get the decree executed if there is any order to that effect passed by the executing court. The relevant portion of the writ court order dtd. 6/8/2010 is extracted.