Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4450 of 2018 Petitioner :- Ashraf Respondent :- State Of U.P. Through Secretary Home And 2 Others Counsel for Petitioner :- Sunil Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
This petition for writ has been preferred to challenge the order dated 22.01.2018 passed by Additional Magistrate(Administration), Saharanpur invoking the powers under Section 3/4 of the Uttar Pradesh Control of Gunda Act, 1970 and the order dated 01.02.2018 passed by Commissioner, Saharanpur, Division Saharanpur. Vide order dated 22.01.2018, the District Magistrate exercising the powers under Section 3 of the Act, 1970 ordered for externment of the petitioner from the territorial jurisdiction of the district-Sasharanpur.
Being aggrieved by the same, the petitioner preferred an appeal as per the provisions of Section 6 of the Act, 1970 before the Divisional Commissioner, Saharanpur and the Divisional Commissioner fixed the appeal for hearing on 26.02.2018.
The submission of learned counsel for the petitioner is that no order has been passed by the Divisional Commissioner on the said application in further that the order dated 22.01.2018 is apparently bad. Therefore, by invoking the powers under Article 226 of the Constitution of India, the orders impugned be quashed.
We do not find any merit in the argument advanced. The petitioner has already availed the remedy under Section 6 of the Act, 1970 to question the correctness of the order dated 22.01.2018 and the appeal is coming up for hearing before the Appellate Authority on 26.02.2018.
From the perusal of the order dated 01.02.2018, we also do not find any delay on the part of Appellant Authority in considering the cause of the petitioner.
In view of it, no interference is required under Article 226 of the Constitution of India.
The writ petition, thus, is disposed of with an observation that the Divisional Commissioner, Saharanpur shall make all efforts to decide the appeal expeditiously as far as possible on 26.02.2018 itself.
Order Date :- 22.2.2018 Sumit S .
(Hon'ble Rajiv Lochan Mehrotra,J.) (Hon'ble Govind Mathur,J.)