- (1.) HEARD the learned counsel for the petitioner and the learned Government Advocate.
(2.) THIS writ petition has been filed against the impugned notice given under Section 3 of the U. P. Control of Goondas Act dated 20-9-1999 in which the petitioner has been asked to show cause as to why the orders may not be passed against him under the said Act. In the notice five case crime numbers which were registered against the petitioner have been mentioned and only this much has been alleged that due to activity of the petitioner the people living surrounding the areas of P. S. Ibrahimpur District Am- bedkar Nagar have apprehension to their lives and nobody thereto given the evidence against the petitioner. There is no material allegations of general nature levelled against the petitioner in the impugned notice. In Ramji Pandey v. State ofu. P, 1981 (7) ALR 410, it has been held that in the notice under Section 3 of the Act that in case notice fails to indicate general nature of material evidence, the same is invalid. Thereafter a Full Bench consisting of five Judges of this Court in the case ofbhim Sen Tyagi v. State of U. P. , 1999 (2) JIC 192; Ramji Pandey's case was re-considered and found that the decision in Ram Ji Pandey's case is good law and show cause notice which fails to indicate the general nature of material allegations may be challenged and quashed on that ground under Article 226 of the Constitution of India with a liberty to the respondents to issue fresh notice in accordance with law. In the instant case, this Court has found that except the case crime number no other material has been indicated and the notice fails to indicate general nature of material allegations and the notice is liable to be quashed.
(3.) IN the result, writ petition succeeds and is allowed. The impugned notice dated 20-9-1999 issued by the District Magistrate, Ambedkar Nagar under Sec tion 3 of the U. P. Control of Goondas Act is quashed. However, it will be open to the concerned authority to issue fresh notice in accordance with law. Petition allowed. .;