Anil Tiwari vs The State Of Madhya Pradesh
2021 Latest Caselaw 8197 MP

                                                                      1                               WP-25726-2021
                                           The High Court Of Madhya Pradesh
                                                    WP No. 25726 of 2021
                                                 (ANIL TIWARI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                    Jabalpur, Dated : 03-12-2021

                                          Shri V.K.Shukla, learned counsel for the petitioner.

                                          Shri   Darshan      Soni,    learned     Govt. Advocate          for   the
                                    respondents/State, on advance copy.

This petition has been filed by the petitioner against the show cause notice dated 26.10.2021 (Annexure P-1) issued by the

respondent No.2.

By this notice dated 26.10.2021 petitioner has been asked to furnish explanation as to why he be not externed from District Katni and its adjoining districts on the basis of his involvement in various criminal cases in the police station Katni.

Learned counsel for the petitioner submits that he has been fighting against injustice and raised various issues of corruption against erring officers or ruling party, annoyed by which he has been

falsely implicated in various offences. Earlier also the District Magistrate, Katni on the basis of same allegations had initiated proceedings under Section 5(b) of the MP State Security Act and finally ordered the petitioner to mend his conduct. Thereafter a fresh show cause notice on the basis of old and stale cases is illegal and without application of mind.

Learned counsel for the State has submitted that only a show cause notice has been issued to the petitioner and the petitioner may submit his reply before the authority concerned bringing all the relevant facts and the judgments/order of the case, in which he has

Signature Not Verified already been exonerated by the competent Court. It is stated that SAN

Digitally signed by MANZOOR AHMED Date: 2021.12.03 15:33:19 IST 2 WP-25726-2021 instead of submitting reply to the said show cause notice, petitioner has rushed before this Court.

It is settled law that writ petition against the show cause notice is not maintainable.

In (2004)3 SCC 440 Special Director and another Vs. Mohd.

Ghulam Ghouse and another, the Supreme Court has held:-

"Unless the High Court is satisfied that the show-cause notice was totally non est in the eye of the law for absolute want of jurisdiction of the authority to even investigate into facts, writ petitions should not be entertained for the mere asking and as a matter of routine, and the writ petitioner should invariably be directed to respond to the show-cause notice and take all stands highlighted in the writ petition. Whether the show-cause notice was founded on any legal premises, is a jurisdictional issue which can even be urged by the recipient of the notice and such issues also can be adjudicated by the authority issuing the very notice intially, before the aggrieved could approach the court."

In the instant case by the show cause the petitioner has been given an opportunity to bring all the facts before the authority concerned, however, instead of bringing all the facts before the authority concerned, he has rushed to this Court. As no final order has been passed against the petitioner till date, no cause of action accrued to him.

There is no merit in the petition and is accordingly dismissed.

(NANDITA DUBEY) JUDGE Ansari Signature Not Verified SAN

Digitally signed by MANZOOR AHMED Date: 2021.12.03 15:33:19 IST