( 1 ) THE District Magistrate, Ballia, issued a notice to the petitioner on 10-10-1979 under Section 3 of the U. P. Control of Goondas Act, 1970 directing; him to appear before him on 12-11-1978 at 10 A. M, and to give his explanation in writing as to why an order should not be passed against him under Section 3 of the Act. The petitioner instead of appearing before the District Magistrate filed this petition under Article 226 of the Constitution in this Court challenging validity of the notice. While issuing notice of the writ petition to the respondents, a Division Bench of this court observed that the decision of a Division Bench of this Court in Harsh Narain v. District magistrate 1972 All LJ 762 relied on by the counsel for the petitioner in assailing the validity of the notice required reconsideration in view of. the Supreme Cpurt decision in State of Gujarat v. Mehbub Khan AIR 1968 SC 1468 : 1969 Cri LJ 26. In this view the Bench referred the matter to a larger Bench and that is how this petition has been placed beifore us.

( 2 ) LEARNED Counsel for the petitioner urged that the notice issued to the petitioner under Section 3 of the Control of Goondas Act, 19