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The Allahabad High Court on Friday pleaded the UP government to explain under what law a UNILATERAL notice was issued to former IPS officer SR Darapuri, attempting to recover the damage caused to public and private property at the time of anti-CAA protests held last year. Justice Rajan Roy asked Yogi Adityanath led Government in the state to ‘satisfy’ the court as to the existence of such provision in the law, when the incident occurred. Recovery notice was issued by the Lucknow Administration to Darapuri and around 50 others who were in connection with the damage caused to public and private property during anti-CAA protests held in the city on December 19, 2019. this notice was issued to Darapuri seeking to recover an amount of Rs. 64.37 lakh failing which administration should have confiscated from his properties and realized the said amount by public auction. While the court was hearing a challenge to this notice, the court ordered the Government to, "satisfy the Court as to under what authority of law the impugned citation for recovery of Rs. 6437637.00 has been issued to the petitioner and whether on the date of an alleged incident there was any provision of law permitting such recovery, that too unilaterally, without any notice or opportunity of hearing."
The matter has been provided for a hearing notice on July 14
The UP government has also published the Uttar Pradesh Public and Private Property Damages Recovery Ordinance, 2020, to recover damages from any person/ culprit/wrongdoer causing damage to any private/public property at the time of protests/ hartal/ strike/ public commotion/ riots.
Case name: Sarwan Ram Darapuri v. State of UP & Ors.
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