Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7735 of 2018 Petitioner :- Arjun Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neel Mani Sharma Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
In pursuance to the order dated 29th March, 2018 the Divisional Commissioner, Agra Sri K. Ram Mohan Rao present in person. A detailed affidavit sworn in by Sri K. Ram Mohan Rao is also placed on record.
While tendering the unqualified and unconditional apology with regard to issues averred in the order dated 29th March, 2018, it is stated that the order impugned was passed prior to have any instructions from the Chief Secretary. While accepting the unconditional and unqualified apology tendered by the Divisional Commissioner, we expect that in future the quasi judicial orders shall be passed by the authority concerned in accordance with law by taking care of all the directions given by the High Court as well as by the Government of Uttar Pradesh.
Heard learned counsel on merits of the writ petition.
The writ petition is preferred with a prayer to get the appeal No. C389 of 2018 decided as per provision of Section 6 of the U.P. Control of Goondas Act, 1970 expeditiously.
Having considered the fact that the appeal was filed on 20th February, 2018 and further that an order under Section 3 has been passed for externment of the petitioner for a period of six months, we are of the view that the appeal deserves to be disposed of on an early date.
It is brought to our notice that the appeal is listed before the appellate authority on 4th April, 2018. The appellate authority shall positively hear and decide the appeal in accordance with law on the next date of listing. If for any unavoidable circumstances, the appellate authority fails to decide the appeal then he shall reconsider the stay application on merits and decide the same afresh by speaking and reasoned order.
The writ petition is accordingly disposed of.
Order Date :- 30.3.2018 SK Srivastava .
(Ashok Kumar,J.) (Govind Mathur,J.)