MAHENDRA @ PAPPU Vs. STATE OF U.P

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the impugned show-cause notice dated 02.02.2017 as well as order dated 16.5.2017 passed by Respondent no. 2/Additional District Magistrate (Finance and Revenue), Amroha under Section 3 of the U.P. Control of Goodas Act, 1970 (for short the 'Act').

(2.) Heard learned counsel for the petitioner and learned A.G.A.

(3.) Learned counsel for the petitioner submits that the impugned show-cause notice has been issued against the petitioner only on the ground of his involvement in a solitary case. He further submits that petitioner is neither a Gang Leader nor any Gang Member of any Gang and he has been falsely implicated in the Case Crime No. 108 of 2014 under Section 307, 147, 323, 324 I.P.C., P.S. Rajabpur, district Amroha. Relying upon on a decision of the Hon'ble Apex Court in the case of Vijay Narayan Singh v. State of Bihar & others, 1984(3) SCC 14, learned counsel for the petitioner contends that since there is only one offence against the petitioner and that too, arises from a family dispute, the impugned show-cause notice as well as consequent order passed by the respondent no. 2 is not sustainable.