BHUNESH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the validity of the notice dated 26.5.1997 issued by Additional District Magistrate (Administration), Allahabad under Section 3 (1) of the U. P. Control of Gundas Act. The petitioner's contention is that the said notice is not in accordance with law as has been held by the Full Bench of this Court in case of Ramji Pandey v. State of U. P., 1981 Cr LJ 1083. However, the learned Additional Government Advocate has raised a preliminary objection that a writ petition against the notice issued to the petitioner is not maintainable in view of the recent Division Bench judgment of the Court in Ballabh Chaubey v. Additional District Magistrate, Mathura and others. Writ Petition No. 2354 of 1996 connected with Rajesh Pal v. Additional District Magistrate, Varanasi and others, Criminal Misc. Writ Petition No. J816 of 1996, since reported in 1997 ACrR 387. When this preliminary objection was raised by the learned Additional Government Advocate, the learned counsel for the petitioner took time to study the said Division Bench judgment. Meanwhile many writ petitions were filed challenging similar notices under Section 3 (1) of U. P. Control of Gundas Act. All these petitions were linked with this petition so that if any other counsel may wish to address this Court on the question of maintainability of writ petitions against such notices under Section 3 (1), U. P. Control of Gundas Act, they may also address the Court. That is how the matter is before us today.

(2.) We have heard Sri V. M. Zaidt learned counsel for the petitioner. The argument of Mr. Zaidi has been adopted by other counsel of similar writ petitions.

(3.) Sri Zaidi contended that the view taken by the Division Bench in the case of Baliabh Chaubey (supra) is not correct as the learned Judges of Division Bench misread the case of Raja Suknnandan v. State, AIR 1972 All 498 and Kabir Chawla v. State of U. P., 1994 SCC (Cr) 577. We have gone through these two cases.