Khem Karan, G.K.Gupta, JJ. - (1.) Heard Sri Abdul Rafey Siddiqui, the learned Counsel for the petitioner and, the learned Counsel for the State on this writ petition. Parties Counsel agree that , h writ petition may be disposed of at tt0 stage without calling for any counter affidavit.
(2.) This petition is directed against the show cause notice (Annexure-1), issued by the District Magistrate, Ambedkar Nagar under sub-section (1) of section 3 of the U.P. Control of Goondas Act, 1970. The grounds inter alia are that the notice is ex-facie bad in law for want of mention of general nature of material allegations.
(3.) It is argued by the learned Counsel for the petitioner that in view of the law laid down by the Apex Court in Bhini Sen Tyagi v. State of U.P., 1999 (39) ACC 321 (FB) such a notice which is ex-facie bad, can be quashed in proceedings under Article 226 of the Constitution.;