Allahabad High Court
Chhavi Nath Yadav And Another vs State Of U.P. Thru. Prin. Secy. Home ... on 3 April, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 5710 of 2022 Petitioner :- Chhavi Nath Yadav And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko And Others Counsel for Petitioner :- Lalji Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
Heard Shri Jyotindra Mishra, learned Senior Advocate assisted by Shri Lalji Yadav, learned counsel for the petitioners and Shri Shiv Nath Tilhari, learned A.G.A. for the State/respondent Nos.1 to 5 and perused the material placed on record.
Learned A.G.A. has placed before this Court the instruction dated 3rd March, 2023, which are kept on record.
This writ petition has been filed with the following main prayers :-
"(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 24.6.2022 as well as Amended order dated 28.6.2022 passed by District Magistrate, Pratapgarh and Gang Chart dated 13.9.2020 and the F.I.R. No. 199 of 2020 under section 2/3 of U.P. Gangsters Act registered at Police Station - Manikpur, District - Pratapgarh dated 14.9.2022, as contained in Annexure No.2, 3, 4 & 5 respectively to this writ petition.
(ii) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite party No.2 to release the college and the college be allowed to be run by the Managing Committee of the College properly forthwith so that the career of around 1500-1600 students could be save.
(iii) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite party No.2 to appoint appropriate administrator in accordance with law and run the college properly forthwith."
It is the case of the petitioners that petitioner No.1 is a resident of Village Karenti, Police Station Manikpur, Tehsil - Kunda, District Pratapgarh and also a social worker and a politician of Samajwadi Party being its District President. He is the Trusty of the Sunder Lal Trust Manav Seva Sansthan also. One Gayatri Chamar had lodged an F.I.R. against the petitioner No.1 and one Ram Singh Yadav and three unknown persons under various sections of Indian Penal Code and under Sections 3 (1) (da), 3 (1) (dha), 3 (2) (va) of SC/ST Act at Police Station Manikpur, District Pratapgarh. When the petitioner was called to the police station for inquiry, he was arrested under the pressure of sitting M.L.A. of Kunda. The police did not investigate the matter properly and submitted charge sheet within two days of filing of such F.I.R. The F.I.R. was lodged on 11.9.2022 and the charge sheet was submitted on 13.9.2020. In order to keep the petitioner behind bars, the respondents/police authorities prepared a gang chart on 13th September, 2020 showing two cases against the petitioner No.1 and proceeded under Section 14 (1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as "the Gangster Act, 1986") against petitioner No.1 by issuing show cause to him. The petitioner No.1 filed his objection and prayed for release of the proposed attachment of property and also moved a bail application before the competent court and the court has been pleased to grant bail to petitioner No.1. In the meantime, the complainant Gayatri Chamar also approached the Supreme Court against an order passed by the trial court and the Supreme Court was pleased to pass an order on 22.10.2021 and the matter was remanded to this Court to consider the bail application of the petitioner No.1 afresh. The bail granted earlier by this Court on 21.06.2021 was affirmed by this Court by passing fresh order on 23.12.2021. The brother of petitioner No.1, namely, Shri Gulshan Yadav had contested the election for M.L.A. from Kunda Constituency against Shri Raghuraj Pratap Singh and, therefore, there is a long running enmity in the family and because of the influence of Raghuraj Pratap Singh, the police had initiated the proceedings under Section 14 (1) of the Gangster Act, 1986.
The petitioner being aggrieved by the initiation of the proceedings under Section 14 (1) of the Gangster Act, 1986 also approached this Court by filing Criminal Misc.Writ Petition No.3922 of 2022 (Chhavi Nath Yadav Vs. State of U.P. and others) but due to certain typographical errors in the writ petition, leave was granted for withdrawal of the said writ petition with liberty to file fresh writ petition annexing all documents. Therefore, instant writ petition has been filed against the order dated 24.06.2022 as amended on 28.06.2022, by which the District Magistrate has attached the properties of the petitioners in an arbitrary manner. One of the such properties is a college being run by the petitioner No.1, who is the Manager and Trustee of Sunder Lal Trust Manav Seva Sansthan, the petitioner No.2. Having put a lock on such college having more than 1500-1600 students studying therein the fate of such students is hanging in the balance.
It has been argued by the learned counsel for the petitioners that this Court had heard the matter earlier and passed an order on 8th August, 2022 noting the fact that the Sub Divisional Magistrate, Kunda, Pratapgarh has been appointed as an administrator of the Degree College for its proper management but also the argument raised by the counsel for the petitioners that the Sub Divisional Magistrate could not have been appointed because the College is a Post Graduate College and only the Chancellor could have appointed such an administrator. The learned counsel for the petitioners has also pointed out to the Court various orders passed on the order sheet by this Court, wherein direction was issued to the learned A.G.A. to seek instruction with regard to the fate of the students and as to how the Sub Divisional Magistrate, Kunda has been appointed as the Administrator by the District Magistrate concerned.
Learned A.G.A. Shri Shiv Nath Tilhari has pointed out the contents of the counter affidavit filed by the State/respondents on 24.11.2022. He has also stated that it is evident from the relief clause in this petition that the petitioner is aggrieved by an order of attachment passed under Section 14 of the Gangster Act, 1986 and had filed the writ petition for release of the property of the college and also prayed for the petitioners to be allowed to run the college and to function as the Management Committee of the College so that the career of around 1500-1600 students could be saved and also prayed that opposite party No.2 may also appoint an administrator in accordance with law to run the college forthwith.
It has been submitted by learned counsel for the State/respondents that under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 itself provides statutory remedy against an order passed under Section 14 of the Gangster Act, 1986 of filing an application/representation before the District Magistrate concerned. Such application was also filed by the petitioners during pendency of the writ petition, which has been rejected on 23rd February, 2023, by the District Magistrate concerned and as per Section 16 (2) of the Gangster Act, 1986 the matter has been referred to the Special Court constituted under the Gangster Act, 1986. After such reference has been made under Section 16 of the Gangster Act, 1986 the competent court i.e. the Special Court constituted under the Gangster Act, 1986 is going to look into the matter. In case any order is passed by the Special Court against the petitioners, they have statutory remedy of filing an appeal under Section 18 of the Gangster Act1986. It has been argued that since the rights and liabilities have been created under a special statute, i.e. the Act of 1986 and remedy is also provided under the said statute itself to approach this Court for quashing of the order of attachment under Section 14 of the Gangster Act, 1986 should not be permitted by this Court.
Learned Senior Advocate in rejoinder has submitted that the petitioners shall approach the competent court as per the statutory remedy available under the Gangster Act, 1986 but the petitioners are also aggrieved that the premises of the College in question have been locked and the Sub Divisional Magistrate has been appointed as Administrator/receiver without jurisdiction by the District Magistrate. It has come out from the counter affidavit of the State/respondents that the students have been sent to other colleges of the District to pursue their studies further. Such action could not have been taken by the District Magistrate.
This Court having considered the arguments raised by the leaned counsel for the petitioners, finds from a perusal of the statute that the statutory remedy is indeed available to the petitioners against the order of attachment dated 24.06.2022 as amended 28.06.2022. In so far as the petitioners' grievance regarding the spoiling of the career of 1500-1600 of students is concerned, none of the students or their parents have approached this Court raising such grievance.
This Court has also perused the personal affidavit filed by the District Magistrate, Pratapgarh. From the contents of the same, it has come out that the students studying in the college have been given admission, wherein it has come out that after the Sub Divisional Magistrate was appointed as administrator, he has sent a letter to the Vice Chancellor of Professor Rajendra Singh (Rajju Bhaiya) University, Prayagraj to which University, the college in question is affiliated asking for directions. The Vice Chancellor of the University had informed that on 16.08.2022, the affiliation of late Sunder Lal Yadav Mahavidyalaya, Devgiri, Kunda has been cancelled. Another letter has been sent from the office of the Vice Chancellor that the registered students shall be adjusted in the nearest degree colleges for the affiliation section 2022-23 which would start from 1st September, 2022. Another affidavit has been filed by the State/respondents in response to the query made by this Court on 24.11.2022 wherein it has come out that the students studying in the college have been transferred to A.P. Singh Degree College, Maharajpur, Hathigava, Kunda, Pratapgarh and to Vaishno Devi Training Degree College, Godahi, Kunda, Pratapgarh.
This Court is of the opinion that none of the students or their parents have come before this Court challenging such transfer or for redressal of their grievances arising out of the such action. With regard to the cancellation of the affiliation, the petitioner has already filed a writ petition before this Court and this Court has stayed the order on 09.09.2022. The question of affiliationshall be considered in the pending writ petition.
This writ petition is disposed of with liberty to the petitioners to challenge the order passed under Section 16 of the Gangster Act, 1986, by the District Magistrate, Pratapgarh before the appropriate special court, where the matter has already been referred to by the District Magistrate concerned.
Order Date :- 3.4.2023 ML/-