JUDGMENT :

1. Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the material placed on record by the respective parties.

2. Petitioner by the instant petition, inter alia, seeks the following relief:

"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 11.04.2019 issued by the District Magistrate, Gorakhpur against the petitioner under section 3/4 of U.P. Goonda Act (Annexure No. 1 to the writ petition)."

3. It is submitted by learned counsel for the petitioner that it is not only a case of malicious prosecution to by-pass the civil decree but at the same time to coerce the petitioner to release the property in dispute in favour of the district administration. It is further submitted that having regard to the definition of 'Goonda' under the Uttar Pradesh Control of Goondas Act, 1970 (for short ‘U.P. Goondas Act’), the proceedings could not have been initiated merely on lodging of a single case.

4.The facts briefly stated is that nazool land, bearing plot no. 125, Bungalow No. 5, situated at Park Road, Gorakhpur, admeasuring 30000 sq. ft. was transferred by the State vide freehold deed dated 24/25 Se