SHAHABUDDIN Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) INITIALLY the writ petition was filed against Annexure -1, a notice dated 13.2.2005 issued by the District Magistrate, Siwan against the petitioner in exercise of power under Section 3(2) of the Bihar Control of Crimes Act, 1981 (wrongly described in the notice as Bihar Control of Crimes Ordinance, 1978). The petitioner could have maintained a writ petition against the notice itself because there is no appeal provided against the notice but in the meantime after noticing the objections raised by the petitioner to the notice the learned District Magistrate, Siwan passed final order on 18.2.2005 under Section 3(3) of the aforesaid Act.

(3.) LEARNED counsel for the petitioner has insisted that the appeal be disposed of within a reasonable time because petitioner is elected representative from Siwan and presently he cannot visit that place because of the impugned order contained in Annexure -2.