RAJ ALAM @ VAJAHAT HUSSAIN SIDDIQUI v. STATE OF U.P. THRU. SECY. HOME LKO. AND OTHERS
CRLP/4958/2025 · 2025-06-04
Rajesh Singh Chauhan, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144807 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144807 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34521-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4958 of 2025 Petitioner :- Raj Alam @ Vajahat Hussain Siddiqui Respondent :- State Of U.P. Thru. Secy. Home Lko. And Others Counsel for Petitioner :- Janardan Singh Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. Heard Mr. Janardan Singh, learned counsel for the petitioner and Mr. Shiv Nath Tilhari, learned A.G.A. for the State- respondent and perused the material available on record. By means of the present writ petition the petitioner has prayed for following reliefs:-
"(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned order/show cause notice dated 07.05.2025, passed by the Additional District Magistrate/ Apar Ziladhikari (Finance and Revenue), Sitapur, Gonda in Case No.D202310640000, Under section 3(1) U.P. Control of Goondas Act, contained as Annexure No.1 to this writ petition. (ii) issue a writ order or direction in the nature of Mandamus commanding and directing the opposite parties not to give any effect of the order impugned in the writ petition. (iii) issue a writ order or direction in any nature which this Hon'ble Court may deem fit and proper under the circumstances of the case". At the very outset Mr. Shiv Nath Tilhari, learned A.G.A. raised objection regarding maintainability of the writ petition by submitting that the petitioner is challenging the show cause notice, therefore, instead of filing the writ petition the petitioner should file reply/explanation to the show cause notice before the competent authority. The aforesaid submission of Mr. S.N. Tilhari, learned A.G.A. finds force. Therefore, without entering into the merits of this issue, we hereby disposed of this writ petition finally by giving liberty to the petitioner to file reply/explanation to the show
cause notice before the competent authority i.e. opposite party No.2 within a period of ten days. Thereafter, the competent authority shall pass final order strictly in accordance with law by affording an opportunity of hearing to the petitioner, if it is so required, expeditiously, preferably within a period of one month thereafter. The decision thereon shall be intimated to the petitioner forthwith. Order Date :- 4.6.2025 A.K. Singh Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench