M/S National Dharam Kanta vs State Of U.P. And 3 Others
2019 Latest Caselaw 4076 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - C No. - 8804 of 2019
 

 
Petitioner :- M/S National Dharam Kanta
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Mohd. Ishraque Farooqui
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Pankaj Bhatia,J.

This writ petition has been filed, inter alia, for the following relief:

"(a) issue a writ, order or direction in the nature of mandamus directing the respondent authority to open the sealed " National Dharam Kanta" as well as godown situated at 133/237 Rattupurwa T.P.Nagar Kanpur Nagar."

Learned counsel for the petitioner has submitted that the petitioner owns an ancestral house No. 133/237, Juhi Kanpur wherein he runs a business in the name of "National Dharam Kanta" and also using a Godown for which he has been granted a licence by the competent authority, which is being renewed from time to time. He further submits that on 18.1.2018 the respondent authorities have illegally and arbitrarily sealed the said Dharmkanata and the Godown .

From perusal of the order sheet of the present writ petition , it transpires that by orders dated 14.3.2019 and 22.4.2019 this court had granted time to the learned Standing Counsel to seek instructions in the matter to inform the court that under what provisions of law the property in question has been sealed by the respondent no. 4 by an oral order but the learned Standing Counsel failed to show any such provisions of law under which the the property in question can be sealed. Thus, the order passed by the respondent authority sealing the property in question is without jurisdiction and as such it is not sustainable.

In view of the above, we direct the respondent no. 4 to open the aforesaid seal forthwith. However, it is open for the respondent authorities to proceed against the petitioner in accordance with law.

Order Date :- 3.5.2019

MLK