Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16690 of 2020 Petitioner :- Akbar Saifi @ Mohd. Akbar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Petitioner in the instant petition is aggrieved by the externment order dated 9.10.2020 passed by the respondent no. 3 i.e. Additional District Magistrate, Amroha under Section 3 of UP Control of Goonda Act, 1970, whereby the petitioner had been banished for six months from entering the limits of District Amroha against which he preferred the statutory appeal (bearing Appeal No. C-202013000000918 Akbar Saifi Vs Stat of UP) before the Commissioner (respondent no. 2) which is stated to be admitted for hearing vide order dated 5.11.2020 without deciding the interim relief application.
It is contended by learned counsel for the petitioner that the appeal aforesaid was preferred on 20.10.202 along-with accompanying application for interim relief which according to further submission, was admitted but the learned Commissioner has passed no order on the accompanying application seeking interim relief. It is further submitted that the appeal would protract and is not likely to be disposed/decided attended with further submission that in case the same is not disposed of expeditiously, it would frustrate the very purpose of filing of the appeal.
Having considered the matter in all its ramifications, we are of the view that the interest of justice would be best attained, if the authority concerned is directed to dispose of the appeal expeditiously.
In the result, the petition is disposed of attended with direction that the commissioner before whom the aforesaid appeal is stated to be pending shall endeavour to dispose of the appeal on its intrinsic merits within a period not exceeding three weeks from the date of production of a copy of this order.
Till decision of the appeal, the externment order impugned herein shall remain stayed.
It needs hardly be said that a copy of this order shall be produced before the Commissioner respondent no. 2 within a period not exceeding 7 days from today.
Order Date :- 8.1.2021 RavindraKSingh