The Allahabad High Court directed the Balrampur District Magistrate (DM) to release the movable and immovable properties of former Samajwadi Party MLA Arif Anwar Hashmi and his family.

The Bench of Justice Devendra Kumar Upadhyay and Justice Narendra Kumar Johari observed that “Retention of property, once an order of release has been communicated to the District Magistrate, cannot be appreciated and such retention would mean violation of Article 300-A of the Constitution of India unless.”

In this case, properties of the petitioner and his family were attached by DM under section 14(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (Act), by order dated December 4, 2020.

However, the Special Court constituted under the Act passed an order, whereby the DM was directed to release the properties attached. But the properties were not released despite the fact that the said order was intimated to the DM.

Advocate Manoj Kumar Misra appeared for the petitioner and G.A. appeared for the respondent.

The Court was informed that an appeal had been preferred against the order of release passed by the Special Court, but no stay order on release of property had been passed by the appellate authority/court.

“In absence of any stay order passed by the appellate authority/court, the District Magistrate was under legal duty to have released the properties in favour of the petitioners in compliance of the order passed by the special court on 23.12.2022.” observed the Court.

Therefore, the Court directed the DM to release the property and show cause, in case he failed to release the properties, on the next day of hearing.

Accordingly, the matter was listed for further hearing on February 15, 2023.

Cause Title- Arif Anwar Hashmi and Others v. State of U.P. Thru. Prin. Secy. Home Lko. And Another

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Allahabad High CourtJustice DK UpadhyayJustice NK JohariRight To PropertyArticle 300A

Sanjoli N Srivastava