- (1.) Heard learned counsel for the petitioner and learned A.G.A. The petitioner by means of this writ petition has challenged the show - cause notice dated 13.1.2016 issued against him by District Magistrate, Mau, respondent no.2 under Section 3(1) of U. P. Control of Goondas Act, 1970 (annexure -1) to the writ petition.
(2.) Learned counsel for the petitioner submitted that the impugned show - cause notice suffers from the vice of total non -application of mind. It has been next submitted by learned counsel for the petitioner 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 submitted that Division Bench of this Court in the case of Imran alias Abdul Qudus Khan Versus State of U. P. and others reported in 2000 (Suppl.) ACC 171 (HC) has taken the view that for a person to be a "Goonda" under sub -clause (i) (b) is to be a person who has to his credit repeated / persistent overt acts not isolated and individual act and in view of the above, the impugned show -cause notice is liable to be quashed.
(3.) Per contra, learned A.G.A. submitted that the petitioner has failed to make out any case for quashing the impugned show -cause notice at this stage as he can raise all the grounds taken by him in this writ petition in his reply which he may file before the respondent no. 2, District Magistrate, Mau in response to the show -cause notice. We have heard the learned counsel for the parties and perused the impugned show -cause notice (annexure -1), the other material brought on record and the law report cited by learned counsel for the petitioner in support of his submissions.;