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2026 Supreme(Online)(UK) 1886

Rakesh Thapliyal
ROHIT PANDEY – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPCRL No. 949 of 2026



Advocates:
For the Appellants/Petitioners: D.S. Mehta
For the Respondents: Himanshu Sain

When a subsequent notice under the Goonda Control Act merges and includes all cases mentioned in a previous notice, the respondent should provide a comprehensive response to the latest notice for adjudication.

Headnote:The petitioner challenged two notices issued under Section 3 / 4 of the Goonda Control Act, specifically notices dated 08.04.2024 (Case No. 93 of 2024) and 01.01.2026 (Case No. 06 of 2026), asserting that a previous response had not been decided and some listed cases were compounded. The State contended that the later notice merged the previous one, incorporating all prior cases. The court examined whether the petitioner should respond to the latest notice given the merger of previous cases. The court found merit in the State's argument that the latest notice dated 01.01.2026 encompasses all previous references. Accordingly, the present writ petition is disposed of with a direction to the petitioner to file his response within 15 days to the notice dated 01.01.2026 and then the District Magistrate shall take decision on his response within fifteen days thereafter.

Office Notes, reports, orders or proceedings

SL. No. Date or directions COURT’S OR JUDGE’S ORDERS Registrar’s order with Signatures

1. Mr. D.S. Mehta, learned counsel for the petitioner.

2. Mr. Himanshu Sain, learned AGA for the State.

3. By the instant petition, the petitioner is praying for the following relief:

“i. Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 01.01.2026 passed by learned District Magistrate, Nainital in Case No. 06 of 2026 (State Vs. Rohit Pandey) under Section 3 / 4 of the Goonda Control Act.

ii. Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 08.04.2026 passed by learned District Magistrate, Nainital in Case No. 93 of 2024 (State Vs. Rohit Pandey) under Section 3 / 4 of the Goonda Control Act.”

4. It appears from the relief that petitioner is challenging two notices issued under Section 3 / 4 of the Goonda Control Act, i.e. notice dated 08.04.2024 registered as Case No. 93 of 2024 and another notice dated 01.01.2026, registered as Case No. 06 of 2026.

5. In the notice dated 01.01.2026, there are reference of 9 cases, out of which, 7 cases were already mentioned in earlier notice dated 08.04.2024.

6. Learned counsel for the petitioner submits that petitioner has already given his response to the earlier notice dated 08.04.2024 but uptil date no decision has been taken by the District Magistrate and in the second notice, two more cases have been added and one such case is Case Crime No. 10 of 2025, which has already been compounded.

7. On the other side, Mr. Himanshu Sain, learned AGA submits that impugned notices are issued under Section 3 / 4 of the Goonda Control Act and petitioner should give response to it, so that District Magistrate may take decision on it and these notice will not prejudice to the petitioner. He further submits that earlier notice dated 08.04.2024 is now merged in the new notice dated 01.01.2026, as in the new notice, all the seven cases mentioned earlier in notice dated 08.04.2024 have also been inclosed, therefore, petitioner should give his response to latest notice dated 01.01.2026 only.

8. I found force on the submission as advanced by Mr. Himanshu Sain, learned AGA for the State.

9. Accordingly, the present writ petition is disposed of with a direction to the petitioner to file his response within 15 days to the notice dated 01.01.2026 and then the District Magistrate shall take decision on his response within fifteen days thereafter.

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