# Surendra Kumar v. State of U.P. and others

- **Citation:** (2003) 3 ILRA 719
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2003-08-04
- **Case number:** Civil Misc. Writ Petition No. 33347 of 2003
- **Bench:** M. Katju, R.S. Tripathi
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/surendra-kumar-v-state-of-u-p-and-others-40181
- **Pages:** 3

## Headnote

Constitution
of
India
Article
226
Realisation of Goonda Tax by Anti Social
elements-no such tax known in the eye
of law. Demand of such gunda tax is thus
wholly illegal and arbitrary. Directions
given to the State Authorities to protect
the
citizens
from
such
anti
social
elements.

Held- Para 5

No such tax is known to the law as
gunda tax. We have heard of income tax,
sales tax, house tax etc. but this is a
totally new and illegal phenomenon
which has appeared in society, and
unless this gunda tax disappears we will
hold the Government authorities to task
for such illegal demands. Such gunda tax
reminds one of the 'protection money'
demanded by the Mafia in America.

## Text

3 All] Surendra Kumar V. State of U.P. and others
719
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 04.08.2003

BEFORE
THE HON'BLE M. KATJU, J.
THE HON'BLE R.S. TRIPATHI, J.

Civil Misc. Writ Petition No. 33347 of 2003

Surendra Kumar

 ...Petitioner
Versus
The State of U.P. & others ...Respondents

Counsel for the Petitioner:
Sri A.K. Upadhyay
Sri R.S. Srivastava

Counsel for the Respondents:
S.C.

Constitution
of
India
Article
226
Realisation of Goonda Tax by Anti Social
elements-no such tax known in the eye
of law. Demand of such gunda tax is thus
wholly illegal and arbitrary. Directions
given to the State Authorities to protect
the
citizens
from
such
anti
social
elements.

Held- Para 5

No such tax is known to the law as
gunda tax. We have heard of income tax,
sales tax, house tax etc. but this is a
totally new and illegal phenomenon
which has appeared in society, and
unless this gunda tax disappears we will
hold the Government authorities to task
for such illegal demands. Such gunda tax
reminds one of the 'protection money'
demanded by the Mafia in America.

(Delivered by Hon'ble M. Katju, J.)

1. This petition discloses an
alarming state of affairs prevailing in the
State of Uttar Pradesh. It appears that all
kinds of ruffians, gundas, hooligans and
other anti social elements are at large in
our society and are harassing and
terrorizing the law abiding citizens. If this
trend is not stamped out with an iron hand
the situation will get out of control and
there will be total lawlessness and jungle
raj in the State.

2. The petitioner has alleged that he
is a tenant of a shop in Agra City under
Police Station Aitmadaula, Agra for
which he pays Rs.2000/= per month to the
landlord on the basis of registered rent
deed vide Annexure-1 to the writ petition.
The petitioner carries on the business of
jute bags in the aforesaid premises and
also resides there.

3. It is alleged in paragraph 6 of the
petition that on 2.7.2003 when the
petitioner was carrying on his business in
the said premises the respondents no. 7 to
18 came to his shop with the common
object of realizing gunda tax and
demanded a sum of Rs. 1000/= and in
case of non-payment of the same
threatened to evict him and also make him
suffer dire consequences. Since the
petitioner did not pay the aforesaid gunda
tax as demanded by the respondent no. 7
to 18 they threatened to evict the
petitioner forcibly from the premises and
hence the petitioner on 2.7.03 went to
lodge an FIR but the respondent no.5, the
Station House Officer, Police Station
Aitmadaula, Agra refused to lodge the
FIR and hence the petitioner gave a
written complaint dated 3.7.03 to the SSP,
Agra vide Annexure-4. It is alleged in
paragraph 9 of the writ petition that since
the petitioner did not pay the gunda tax as
demanded by the respondent no. 7 to 18
they again on 16.7.03 forcibly entered
into his rented premises and demanded
gunda tax from the petitioner again. The
petitioner then sent a complaint by means
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720 INDIAN LAW REPORTS ALLAHABAD SERIES [2003
of Speed Post to the Chief Minister, U.P.
at Lucknow vide Annexure5 to the writ
petition. Despite these representations and
complaints to the Chief Minister, District
Magistrate, SSP, Agra etc. no action was
taken against the respondent no. 7 to 18.
The respondents No. 7 to 18 again came
on 28.7.2003 to the premises of the
petitioner and demanded Rs. 3 Lakhs as
gunda tax and threatened to kill him and
his family members if he did not pay the
same. These respondents were armed with
pistols, katta, knife, lathi and danda etc.
and they forcibly snatched a golden chain
of two tolas and one golden ring by
pointing pistols on the chest of the
petitioner and also snatched a sum of Rs.
3200/= kept in the pocket of his shirt and
also abused him. They said they realize
gunda tax from all the persons running
industries and that the police cannot do
anything against them as the Police
Station is in their pocket and they also
send the weekly gunda tax to the police
and as such no proceedings will be
initiated against them by the Police. The
petitioner again sent a written complaint
to the Chief Minister of Uttar Pradesh,
Chief Secretary, U.P., Inspector General
(Police), Kanpur Region, Kanpur, Deputy
Inspector General (Police), Agra Region,
Agra, the SSP, Agra SP, Agra the City
Magistrate, Agra etc. but to no avail and
no action has been taken against the
respondent no. 7 to 18 and the lives of the
petitioner and his family members are in
danger. It is alleged that respondent no. 5
the Station House Officer of Police
Station Aitmadaula, Agra is in collusion
with the respondent no. 7 to 18.

4. If the aforesaid allegations are
correct it shows that an alarming state of
affairs is prevailing in the State of Uttar
Pradesh which cannot be tolerated any
longer by this Court. It is the duty of this
Court
under
Article
226
of
the
Constitution to uphold the law. If the
allegations in the petition are correct it
shows that the district authorities in Agra
are either deliberately or due to inability
failing to uphold the law in district Agra,
and are not protecting the citizens.

5. No such tax is known to the law
as gunda tax. We have heard of income
tax, sales tax, house tax etc. but this is a
totally new and illegal phenomenon
which has appeared in society, and unless
this gunda tax disappears we will hold the
Government authorities to task for such
illegal demands. Such gunda tax reminds
one of the 'protection money' demanded
by the Mafia in America.

6. List this petition on 11th August,
2003 before us on which date we have
already directed the Principal Home
Secretary and the Director General of
Police, U.P. to appear before us in another
case and they must explain to us as to
why law is not being enforced and gunda
tax is demanded all over the Uttar Pradesh
from the peaceful and law abiding citizens
(especially businessmen) and why no
action is taken against the criminals,
hooligans, and other anti-social elements
in the State who by their anti-social
activities are not allowing law abiding
citizens in the State to live peacefully.

7. Learned standing counsel will
send a copy of this order to the Principal
Home Secretary, Uttar Pradesh and
Director
General
of
Police,
U.P.
forthwith. If the allegations made in the
petition are correct criminal proceedings
will be initiated against the respondent no.
7 to 18 and disciplinary action must be
taken against the respondent no. 6 the
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3 All] Babboo Khan V. The District Judge, Rampur and others
721
Station House Officer, Aitmadaula, Agra.
Full security and protection must be
provided to the petitioner till further
orders

Let a copy of this order be issued to
learned standing counsel free of charge
today.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 08.05.2003

BEFORE
THE HON'BLE ANJANI KUMAR, J.

Civil Misc. Writ Petition No. 961 Of 1985

Babboo Khan

...Petitioner
Versus
The District Judge, Rampur and others

 ...Respondents

Counsel for the Petitioner:
Sri N.A. Kazmi
Sri Nazar Bokhari

Counsel for the Respondents:
S.C.

Constitution
of
India,
Article
226Findings of fact-interference in- writ
jurisdiction-only when such findings are
perverse having error of law.

Held- Para 9

Other argument advanced by learned
counsel for the petitioner assailing the
findings of the prescribed authority as
well as of the appellate authority also
deserves to be rejected. It is settled that
the findings of fact arrived at, are not to
be easily interfered with under Article
226 of the Constitution, unless the same
are demonstrated to be perverse, or
suffers from manifest error of law.
Case law discussed:
AIR 1975 All 315 (FB) relied on
1984 All LJ pg. 1022 referred to
(Delivered by Hon'ble Anjani Kumar, J.)

1. Heard learned counsel for the
petitioner and Shri Nazar Bokhari for the
respondents.

2. By means of this writ petition,
petitioner has challenged the order passed
under Section 4 of U.P. Public Premises
(Eviction of Unauthorised Occupants)
Act, 1972 in Case No. 20 of 1984 P.SKotwali, District-Rampur dated 7th May,
1984. whereby the prescribed authority
after hearing the petitioner and State has
passed the order of eviction of the
petitioner from the premises in question,
which is admittedly a public premises. In
appeal the appellate authority affirmed the
findings of the prescribed authority and
directed for eviction of the petitioner from
the premises in question.

3. Learned counsel for the petitioner
has contended that a perusal of Section 4
of U.P. Public Premises (Eviction of
Unauthorised
Occupants)
Act,
1972
provides that the notice in the manner
prescribed should have been served on the
petitioner before the proceedings are
initiated. Section 4 is reproduced below:-

"4. Issue of notice to show cause
against order of eviction.- (1) If the
prescribed authority, either of its own
motion or on an application or report
received
on
behalf
of
the
State
Government or the corporate authority, is
of opinion that any persons are in
unauthorised occupation of any public
premises and that they should be evicted,
the prescribed authority shall issue in the
manner hereinafter provided a notice in
writing
calling
upon
all
persons
concerned to show cause why an order of
eviction should not be made.
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