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2007 Supreme(All) 2557

AMITAVA LALA, S.P.MEHROTRA
IMRAN MASOOD – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Ravi Kant, S.M.A. Kazmi and Mukhtar Alam for the Petitioner; C.K. Parekh, C.S. Singh, S.C. for the Respondents.

JUDGMENT

By the Court.—This Writ Petition has been made for quashing the show cause notice dated 13.9.2007 and the consequential order dated 15.9.2007. Therefore, prima facie, we are of the view that the writ petition has been made challenging the show cause notice which has been issued by the State authorities in accordance with the appropriate law. It is well-settled by now that in case only issuance of show cause notice is challenged, Court should not interfere generally because the petitioner has an ample opportunity to file his reply and explain his case before the State authority by whom the show cause notice has been issued.

2. In the instant case, Sri Ravi Kant and Sri S.M.A. Qazmi, learned senior Counsels duly assisted by Sri Mukhtar Alam, learned Counsel appeared in support of the writ petition and contended before the Court that the show cause notice is mala fide in nature and without jurisdiction, therefore, show cause notice can be challenged. The action on the part of the authority is vindictive in nature.

3. We have gone through the documents annexed in the writ petition as well as in the supplementary affidavits and found that the levelling of charges on the part of th






































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