Rajey alias Raj Kumar vs State of U.P. and Others

Heard learned counsel for the parties.

Petitioner has challenged a show cause notice u/s 3 of the U.P. Control of Goondas Act. This Court in Writ Petition No. 4142 of 2002, Gore Lal v. State of U.P. decided in 31-7-2002, has held that this Court ordinarily will not entertain a writ petition against a show cause notice u/s 3 of the U.P. Control of Goondas Act because no adverse order has been passed. This Court has distinguished the Full Bench decision of this Court in case of Bhim Sain Tyagi v. State of U.P. reported in 1999 U.P. Cri R417 : 1999 All LJ 1845 and the decision in the case of Ramji Pandey v. State of U.P., 1981 All LJ 897. This Court relied upon the decision of the Hon''ble Supreme Court reported in 1995 (8) JT 331 Executive Engineer, Bihar State Housing Board Vs. Ramesh Kumar Singh and others, (Vide Para 10) which held that a writ petition against a show cause notice should not ordinarily be entertained.

In view of the above decision of the Hon''ble Supreme Court and also of the decision of this Court in Gore Lal''s case (supra) the writ petition is dismissed.