Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 17211 of 2020 Petitioner :- Tej Bahadur Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Mohan Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Chand,J.
Heard Sri Krishna Mohan Singh, learned counsel for the petitioner and Ms. Manju Thakur, learned AGA for the State and perused the record.
The relief sought in this petition is for quashing the impugned notice dated 25.9.2020 u/s 3(3) of U.P. Control of Goonda Act, P.S. Bansdeeh, district Ballia issued by District Magistrate, Ballia.
Learned counsel for the petitioner submits that the petitioner has challenged the show cause notice issued by the respondent no.2 under Section 3 of Control of Goonda Act. There is manifest error in the said notice as the general nature of material allegation has not been mentioned by the respondent no.2 and only vague notice has been issued to him.
Learned AGA opposed the prayer for quashing of the impugned notice and submitted that it is always open to the petitioner to file reply to the show cause notice before competent authority.
We do not find any ground to quash the show cause notice as the writ petition against said notice is not maintainable in view of the decision of Hon'ble Apex Court in case of Executive Engineer State Housing Board v. Ramesh Kumar Singh, AIR 1996 SC 691 and Jainendra @ Chhotu Singh vs State Of Uttar Pradesh reported in 2007 (57) ACC 791.
The writ petition is accordingly dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Subhash Chand, J.) (Ramesh Sinha, J.) Order Date :- 8.1.2021 Gaurav