GIRIDHAR MALAVIYA, B.K.SHARMA
BHUNESH MISHRA – Appellant
Versus
STATE OF UTTAR PRADESHAND OTHERS – Respondent
( 1 ) IN this writ petition, the petitioner has challenged the validity of the notice dated 26. 5. 1997 issued by Additional District Magistrate (Administration), Allahabad under Section 3 (1) of the u. P. Control of Gundas Act. The petitioners contention is that the said notice is not in accordance with law as has been held by the Full Bench of this Court in case of Ramji Pandey v. State of U. P. , 1981 Cr LJ 1083. However, the learned Additional Government Advocate has raised a preliminary objection that a writ petition against the notice issued to the petitioner is not maintainable in view of the recent Division Bench judgment of the Court in Ballabh Chaubey v. Additional District Magistrate, Mathura and others. Writ Petition No. 2354 of 1996 connected with Rajesh Pal v. Additional District Magistrate, Varanasi and others, Criminal Misc. Writ petition No. J816 of 1996, since reported in 1997 ACrr 387. When this preliminary objection was raised by the learned Additional Government Advocate, the learned counsel for the petitioner took time to study the said Division Bench judgment. Meanwhile many writ petitions were filed challenging similar
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