Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 15735 of 2020 Petitioner :- Mazhar Major Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajvendra Singh,Kamal Krishna Roy,Mohd. Saeed Siddiqui Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner and learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"i. A writ order or direction in the nature of Certiorari quashing the impugned Notices dated 06.08.2020 (Annexure No.1) issued by District Magistrate Mau under section 3(1) U.P. Control of Goondas Act, 1970 against the petitioner.
ii. A writ order or direction in the nature of mandamus commanding the respondents not to harass the petitioner in pursuance to the impugned Notices dated 06.08.2020(Annexure No.1 issued by District Magistrate Mau under section 3(1) U.P. Control of Goondas Act, 1970".
This writ petition has been filed challenging the show cause notice dated 6.8.2020.
In the case of Special Director and another vs. Mohd. Ghulam Chouse and another, 2004)3 SCC 440(Paragraph 5), the Hon'ble Supreme Court has held as under:
"Unless, the High Court is satisfied that the show cause notice was totally non est in the eye of law for absolute want of jurisdiction of the authority to even investigate into facts, writ petitions should not be entertained for the mere asking and as a matter of routine, and the writ petitioner should invariably be directed to respond to the show cause notice and take all stands highlighted in the writ petition. Whether the show cause notice was founded on any legal premises is a jurisdictional issue which can even be urged by the recipient of the notice and such issues also can be adjudicated by the authority issuing the very notice initially, before the aggrieved could approach the Court. Further, when the Court passes an interim order it should be careful to see that the statutory functionaries specially and specifically constituted for the purpose are not denuded of powers and authority to initially decide the matter and ensure that ultimate relief which may or may not be finally granted in the writ petition is accorded to the writ petitioner even at the threshold by the interim protection, granted."
Learned counsel for the petitioner now submits that the petitioner shall appear before the authority concerned and shall submit reply to the impugned show cause notice and shall also raise objection as may be available to him under law.
In view of the aforesaid, without expressing any opinion on the merits of the case of the petitioner, we dispose of this writ petition giving liberty to the petitioner to submit reply to the impugned show cause notice dated 6.8.2020 along with a copy of this order, before the authority concerned within a period of three weeks, raising all objection as may be available to him under law. In the event the petitioner submits reply to the impugned show cause notice along with a copy of this order before the authority concerned within the stipulated period, the authority concerned shall pass a reasoned and speaking order strictly in accordance with law after affording a reasonable opportunity to the petitioner, expeditiously, preferably within a period of two months from the date of submission of the copy of this order along with the reply.
Order Date :- 8.1.2021 mt