RAJA SUKHNANDAN Vs. STATE OF U P

JUDGEMENT

(1.) A notice under S. 3 (1) of the U. P. Control of Goondas Act, 1970 (hereinafter referred to as the Act) Was issued by the District Magistrate, Varanasi to the petitioner Raja for taking action against him under sub- section (3) of Section 3 of the Act.

(2.) THE petitioner has challenged the notice, inter alia, on the ground that the provisions of Section 3 (3) of the Act are unconstitutional, ultra vires and void. He has also challenged the notice on merits. The proceedings initiated the notice are still pending before the District Magistrate and no final order has yet been passed.

(3.) S . 4 provides for permission to return temporarily to the place from where the person is externed. Section 5 provides for extension of the period provided by the original order and in Section 6 an appeal is provided against the order with in fifteen days from the date of the order. The Commissioner is given the power on appeal either to confirm the order with or without modification or to set it aside. He also can pass interim stay orders. S. 8 provides the nature of evidence to be con sidered by the District Magistrate or the Commissioner.