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1979 DIGILAW 337 (ALL)

Lalit Kishore Trivedi v. State of U. P.

1979-03-20

K.N.SINGH, V.K.MEHROTRA

body1979
JUDGMENT V. K. Mehrotra, J. 1. Proceedings under the U. P. Control of Goondas Act are taken against the petitioner by the District Magistrate. Pending proceedings, the District Magistrate by his order dated 6-12-1978 directed the petitioner to furnish a personal bond of Rs. 50,000/- with two sureties in the like amount. The petitioner has challenged the order by means of this petition under Art. 226 of the Constitution. 2. After hearing learned counsel for the parties, we are inclined to allow the petition. In a similar situation a Division Bench of this court held that the orders of the District Magistrate are arbitrary in Writ No. 972 of 1978 decided on 29th November, 1978. For the reasons recorded in the said judgment with which we respectfully agree and allow the petition and quash the order of the District Magistrate and direct him to accept a personal bond of Rs. 10,000/- with two sureties in the like amount required from the petitioner. Petition allowed.