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Judgment
Manoj Kumar Tiwari, J
Heard learned counsel for the parties.
This writ petition was filed in the year 2012 by one Mr. Rajesh Kumar Suri, who claimed to be a whistle-blower. After filing of the writ petition,
Rajesh Kumar Suri passed away and his sister and brother were substituted in his place on their Substitution Application (CLMA No. 13002 of 2016)
vide order dated 19.12.2016.
According to the petitioner, based on forged documents, Government land situate at 48-Balbir Road, Dehradun was sold to Mussoorie-Dehradun
Development Authority for constructing residential houses for judicial officers. It is further his case that on his writ petition [Writ Petition (M/B) No.
679 of 2003], a Division Bench of this Court vide order dated 22.02.2006 had directed for C.B.I. inquiry into the aforesaid land scam.
It is further the case of the petitioner that upon investigation, C.B.I. filed charge-sheet and learned Special Judicial Magistrate, C.B.I., Dehradun
vide judgment dated 15.12.2010 rendered in Criminal Case No. 10 of 2009, convicted two persons, namely, (i) Ravikant Kariyana; and (ii) Anand
Prakash Jain for offences punishable under Sections 120-B, 420, 467, 468, 471 I.P.C.
Annexure No. 1 to the writ petition is an order dated 04.09.2003 passed by District Magistrate, Dehradun in Case No. 01/2003. Said order was
passed under Section 14(1) of the Gangsters and Anti-Social Activities (Prevention) Act, 1986, whereby he directed for attachment of the property
comprised in Khasra No. 385 admeasuring 2.75 acres in Village Dharampur/Central Doon, Balbir Road, Dehradun. According to the petitioner, the
said order has not been executed till date.
Mr. Vinod Nauityal, Learned Deputy Advocate General appearing for the State points out that on 16.12.2006, District Magistrate, Dehradun
referred the matter to Special Judge, Gangsters Act under Section 16(1) of the aforesaid Act. According to him, now, matter is pending before Special
Judge, Gangsters Act, which is numbered as Criminal Misc. Case No. 01 of 2007. He further points out that the said case was dismissed due to non-
appearance of State counsel on 07.01.2019, however, on an application filed by the State, the case has been restored in the month of July, 2021.
Having regard to the fact that the matter is still pending before learned Special Judge, Gangsters Act, the writ petition is disposed of with a request
to the Court concerned to decide the aforesaid case as early as possible, but, not later than six months from the date of production of certified copy of
this order, without being influenced by observations, if any, made in this order. The petitioners as well as respondent no. 3 in this writ petition shall also
be heard by the Court concerned before passing any final order.
Registry is directed to communicate this order to Special Judge, Gangsters Act, Dehradun, within 48 hours.