Hon'ble Rajeev Singh,J.
Heard Shri Ajay Pratap Singh, learned counsel for the petitioners, Shri Anurag Verma, learned A.G.A. for the State and perused the material brought on record.
The relief sought in this petition is for quashing the impugned notice dated 05.01.2021, under Section 3(1) of U.P. Control of Goondas Act, 1970 passed by Additional District Magistrate (Land Revenue), District Sultanpur, who has been made a party by name as respondent no. 5.
It has been argued by the learned counsel for the petitioner that the petitioner is an ex-Pradhan of the village Haliyapur, District Sultanpur and the respondent no. 5-Shamshad Hussain, who is having malice against the petitioner, issued the impugned notice, in the capacity of Additional District Magistrate (Land Revenue), Sultanpur. It has further been submitted that the impugned notice is liable to be quashed on this ground alone and there is no use of giving reply to the said notice to the said official, who is having grudge against the petitioner. Learned counsel for the petitioner has also submitted that the petitioner also moved application to the Hon'ble Chief Minister of the Uttar Pradesh on 15.12.2020, a copy of which has also been forwarded to the District Magistrate, Sultanpur (Annexure 10 to the writ petition) in regard to his grievance.
Learned A.G.A. has opposed the petition.
Considering the facts and circumstances of the case and the submissions advanced by the learned counsel for the parties, we deem it proper to direct the respondent no. 2, District Magistrate, Sultanpur to appoint a competent Additional District Magistrate, who shall consider the reply of the petitioner against the impugned notice, which the learned counsel for the petitioner agrees to file within a period of two weeks from today. The said Officer shall decide the reply, so filed, within a period of two weeks from the date of filing of the same, strictly in accordance with law.
With the aforesaid direction, the writ petition stands disposed of.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 11.2.2021 VKS