In an instant writ petition seeking certiorari against a showcause notice, the court dismissed the petition holding that it is not open to the petitioner to invoke extraordinary jurisdiction without responding to the notice first, as no specific grounds for interference were made out.
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THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.11760 of 2016
ORDER:
The prayer of the petitioner in this case is as under:
“It is prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Certiorari, to declare the impugned show cause notice issued by the 3rd Respondent vide proceedings MC No. 18/2016, dated 2502-2016 directing the Petitioner to execute a self bond for an amount of Rs.68,865/- on the ground that for his good behavior within 15 days basing on that allegedly he was involved in a case vide C.O.R. No. 120/2016, dt. 25-02-2016 registered by the 5th respondent for the offence punishable under section 7(A) r/w 8(e) of A.P. Prohibition Act, 1995, is illegal, arbitrary, unjust, violation of principles of natural justice and violation of articles 14 and 21 of the Constitution of India and consequently set aside the impugned proceedings 18/2016, dated 2502-2016 passed by the 3rd respondent, and to grant such other relief or relieves as this Hon'ble Court deems fit and proper in the circumstances of the case.”
The impugned proceedings dated 25.02.2016 are in the nature of a show cause notice and it is for the petitioner to respond thereto and set out his stand, if any. Without doing so, it is not open to the petitioner to invoke the extraordinary jurisdiction of this Court as against the said show cause notice. No specific grounds are made out for interference with the said show cause notice at this stage.
The writ petition is accordingly dismissed.
Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
____________________ JUSTICE SANJAY KUMAR
Date:11.04.2016 GJ
1 issue framed by the court
Whether extraordinary jurisdiction can be invoked against a show cause notice without responding to it.
PETITIONER
3RD RESPONDENT
5TH RESPONDENT
SANJAY KUMAR
As recorded by the court registry
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