LAWS(ALL)-2002-7-80

GORE LAL Vs. STATE OF U P

Decided On July 31, 2002
GORE LAL Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Government Advocate.

(2.) PETITIONER is challenging the show cause notice under Section 3 of the U.P. Control of Goondas Act.

(3.) ON the other hand the Supreme Court has held in 1995 (8) J.T. (sic) Executive Engineer, Bihar State Housing Board v. Ramesh Kumar Singh and others, A.I.R. 1996 S.C. 691 vide Para 10 that a writ petition against a show cause notice should not be ordinarily entertained. Hence the writ petition at this stage is premature and this Court is not inclined to interfere under Article 226 of the Constitution of India because a show cause notice by itself does not give rise to a cause of action, as no adverse order has as yet been passed.