1. Heard Sri Rahul Sripat, learned Senior Advocate, assisted by Sri Amit Daga and Sri Ishir Sripat, learned counsels appearing for the petitioners, Mrs. Manju Thakur, learned A.G.A.-I and perused the record with the assistance of the learned counsels.

2. The instant writ petition has been filed, inter alia, seeking the reliefs:

i) issue a writ in the nature of certiorari quashing the order dated 08.07.2022 passed by respondent No. 3, Police Commissioner/Special Court, Criminal Property Acquisition, Gautam Budh Nagar, Ghaziabad and the notices dated 19.07.2022 and 24.08.2022 issued by the respondent No. 4, Station Officer/Investigating Officer, Police Station Kasna, District Gautam Budh Nagar (Annexure Nos. 10, 12 & 14 to the instant writ petition) so far as it relates to the petitioners.

ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to take possession of the restaurant of petitioners i.e. "M/s. Jain Shikanji & Company", situated at Village Sivaya, Modipuram, Haridwar Bypass, Tehsil Sardhana, District Meerut.

3. Learned Senior Counsel, at the outset, submits that the petitioners desire not to press the prayer clause-i to the extent seeking quashing of the order dated 08.07.2022 passed by the third respondent/ Police Commissioner/Special Court, Criminal Property Acquisition, Gautam Buddh Nagar, Ghaziabad, the writ petition to that extent may be dismissed as not pressed.

4. Prayer is accepted.

5. Learned counsel for the petitioners confines his prayer to the impugned notices dated 19.07.2022 and 24.08.2022 issued by the fourth respondent, Station Officer/Investigating Officer, Police Station Kasna, DistrictGautam Budh Nagar.

6. Facts of the case, briefly, stated that the first petitioner is a partnership firm, whereas, second and third petitioners are the partners. The third respondent in exercise of powers under Section 14 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, (Gangster Act) passed an order on 08.07.2022 in proceedings being Case No. 20 of 2022 (State vs. Sanjay Goyal) attaching, inter alia, the properties 291 sq. meter and 249 sq. meter. residential plots situated in village Sivaya Jamaullapur, Pargana Daurala, District Meerut. It is submitted that the properties noted herein above was leased to the firm on 20.06.2017 by the erstwhile owners of the properties. The lease is a registered document and is valid for 9 years. It is submitted that on the said properties, petitioners have set up a restaurant after completing all the legal formalities and approximately 70 employees are working in the restaurant. In this backdrop, it is urged that pursuant to the order dated 08.07.2022 passed under Section 14(1) of the Gangster Act, the properties have been attached calling upon the owners to show cause as to why further proceeding may not be undertaken against the properties under the Gangster Act. It is submitted that the petitioners are not aggrieved with the attachment order but are aggrieved that petitioners are not being permitted to run their restaurant and/or they apprehend that pursuant to the impugned notice, the properties, subject matter of proceeding under Gangster Act, can be demolished at any time. It is further submitted pursuant to the attachment order, Administrator has not been appointed under sub-section (3) of Section 14 of the Gangster Act to manage the affairs of the properties. It is further submitted that the petitioners are not aware as to whether the owners of the properties have filed objection under Section 15(1) of the Gangster Act for release of the properties.

7. Grievance of the petitioners is confined within a narrow campus that the attached properties cannot be demolished and/or the petitioners evicted therefrom until an order under Section 15(1) is passed by the competent authority. He further submits that 90 days is mandatory notice period provided to decide the objection to be filed by the owners pursuant to the order dated 08.07.2022. However, it is urged that the impugned notice issued in compliance of order dated 08.07.2022, provides 7 days time to the petitioners to vacate the premises which is in violation of Section 14(1) of the Gangster Act. It is further submitted that notice issued to the owners under Section 14(1) would be effective until 08.10.2022. It is only thereafter the petitioners can be evicted from the property which is admittedly under the lease and petitioners are paying rent stipulated in the agreement. It is further submitted that in the event, an Administrator is appointed to manage the affairs of the properties, petitioners undertake to comply with the directions of the Administrator and deposit the monthly rent and other deposits as per the lease agreement with the Administrator.

8. Learned A.G.A. very fairly submits that the property which is subject matter of Gangster Act requires mandatory notice of 90 days before the property can be released under Section 15(1) after considering the objection of the aggrieved parties i.e. owner of the property. It is further submitted that the petitioners can be evicted or directed to vacate the properties only after 90 days i.e. after 08.10.2022 or comply any other order passed by the Administrator.

9. Be that as it may be, on consent of the parties, without entering into the merit of the case, the writ petition is disposed of, directing the petitioners to file their objection/ representation along with certified copy of this order within a week before the third respondent/ Police Commissioner/Special Court, Criminal Property Acquisition, Gautam Buddh Nagar, Ghaziabad. In the event, representation is filed, it is expected that the third respondent shall consider and decide the objection of the petitioners by a reasoned and speaking order.

10. It is further provided that in the interest of justice until the decision is taken by the third respondent on the objection of the petitioners, the impugned notices shall be kept in abeyance and the petitioners shall not be evicted from the premises. The impugned notices dated 19.07.2022 and 24.08.2022 issued by the respondent No. 4, Station Officer/Investigating Officer, Police Station Kasna, District Gautam Budh Nagar, shall abide by the outcome of the order passed by the third respondent on the objection of the petitioners.