URMILA TRIVEDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant writ petition has been preferred under Article 226 of Constitution of India for issuance of writ of certiorari by quashing the notice/order dated 15.10.2018 whereby and whereunder in exercise of power conferred under Article 24-A and 25 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as "of the Act, 1967" for short) petitioner has been directed to vacate the premises and also to seal it without providing an opportunity of hearing.

(2.) Brief facts of the case, as per the pleadings made in the writ petition, are that petitioner has purchased a piece of land along with construction over the area measuring 3 katha and some chattaks under Jamabandi No.52 in Mouza Makatpur, Thana No.95, holding No.193 under Ward No.1 (old) and Ward No.9(new) within the Giridih Municipality from one Sushma Singh by way of registered sale deed dated 18th June, 2011 and is in peaceful possession over the same

(3.) Respondents have issued a notice/order served on the petitioner on 15.10.2018 issued in exercise of power conferred under the provision of Section 24-A and 25 of the Act, 1967 directing the petitioner to vacate the premises on the alleged ground that the said property belongs to one Manoj Choudhary. The grievance of the petitioner is that aforesaid exercise has been done by virtue of decision taken by the Director General of Police and Inspector General of Police, Jharkhand, Ranchi wherein reference of plot number has been made as 153-B while the petitioner residence is situated over plot No.193-B and therefore initiation of proceeding under the aforesaid provision of law is improper and since foundation itself is wrong, its consequence cannot be said to be perfect.