CourtKutchehry.com
High Courts

Phool Chandra Yadav vs State of U.P.and Others

Allahabad High Court · Decided on 19 August 1999 · Citation: (1999) 08 AHC CK 0118

HON’BLE JUDGES
R.D.Shukla, J and Khem Karan, J
ACTS & SECTIONS REFERRED
Uttar Pradesh Control of Goondas Act, 1970 — Section 3
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 3673 (MB) of 1999
Download PDFAsk AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

5 paragraphs · 172 words
1.

This writ petition has been filed for a writ of certiorari to quash the notice dated 30th July, 1999 issued by opposite party No. 3 contained in Annexure No. 1 to the writ petition.

2.

The notice in question was issued under Section 3 of U.R Control of Goondas Act. The contention is that general nature of material allegations required for the notice is lacking in it, and therefore, is bad in law.

3.

The learned counsel for the state has been heard and he does not desire to file any counteraffidavit.

4.

The controversy in question is covered by Full Bench Judgment of this Court rendered in Bhim Sain Tyagi v. State of U.P, reported in 1999 (2) JIC 192 (All)(FB). Accordingly the notice being bad in law is quashed but it shall be open to the authority concerned to issue fresh notice in accordance with law and law the laid down in Bhim Sain Tyagi''s case, if he so thinks proper.

5.

The writ petition is disposed of accordingly.