Nek Mohammad @ Laden v. State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others

Neutral Citation No. - 2023:AHC-LKO:36237-DB

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3973 of 2023

Petitioner :- Nek Mohammad @ Laden

Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others

Counsel for Petitioner :- Nikita Mishra

Counsel for Respondent :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

1. Heard learned counsel for the petitioner and learned A.G.A. who appears on behalf of the petitioner.

2. This petition has been filed with the following main prayers:-

"(i) Issue a writ, order or direction in the nature of Certiorari quashing of the impugned Notice in Case No. 356, U/S 3(1) Gunda Niyantran Act, 1970, dated 25.04.2023 passed by the Opposite Party No.2/District Magistrate-Bahraich At P.S.- Baundi District- Bahraich (which is contained as Annexure No.1).

(ii) Issue a writ, order or direction in the nature of Mandamus directing the Opposite Party No.2 not to take coercive action in respect of the Notice U/S 3(1) Gunda Niyantran Act, 1970."

2. It has been submitted by the learned counsel for the petitioner that the petitioner has mentioned in the impugned notice three criminal cases have been mentioned in one of which, the petitioner is not named in the charge sheet.

3. Learned counsel for the petitioner placed reliance on the judgement rendered by Division Bench of this Court in Writ Petition No. 1109(MB) of 2018, 'Atif Adnan Vs. District Magistrate, Faizabad and Another', decided on 15.05.2018

4. This Court has perused the judgement and also

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the notice issued by the District Magistrate, Bahraich, in the said notice time was given to the petitioner to file objections latest by 23.05.2023. Till date the petitioner has not filed any objections to the impugned notice.

5. The Division Bench judgement that the petitioner has relied upon has been perused by us, but this Court bound by the observations made by the Constitution Bench in the case of N. P. Ponnuswami Vs. Returning Officer, AIR 1952 SC 64 wherein Supreme Court had held that if rights and liabilities are created under the statute and the statute provides a remedy also, then the statutory remedy should first be availed of before invoking extraordinary jurisdiction of this Court.

6. This writ petition is disposed of with a direction to the petitioner to file his objections within one week from today to the impugned notice and the District Magistrate shall consider the objections of the petitioner and pass appropriate orders in accordance with law only thereafter.

Order Date :- 23.5.2023 Darpan Sharma

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