Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30320 of 2018 Petitioner :- Babloo @ Fayaz Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Kumar Lal Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner for a direction to respondent no. 4, Commissioner, Meerut region Meerut to decide the stay application filed along with Appeal No. D-201811280001 against the order dated 29.6.2018 passed by respondent no. 2, Additional District Magistrate (Administration) Meerut under section 3(1) of the U.P. Control of Goondas Act, 1970, by which the petitioner has been externed from District Meerut for a period of six months.
It has been submitted by learned counsel for the the petitioner that the petitioner has filed an appeal along with stay application before respondent no. 4 against the order of externment dated 29.6.2018 passed by the Additional District Magistrate, (Administration) Meerut on 21.8.2018. Although, the appeal has been admitted, but the stay application filed therein has not been considered by respondent no. 4 and the district authorities, on account of non- consideration of the stay application filed in the aforesaid appeal, are harassing the petitioner, therefore, he has made a prayer before this Court that suitable direction may be issued to respondent no. 4 to decide the stay application of the petitioner filed along with Appeal No. D-201811280001.
Learned A.G.A. has no objection to the aforesaid prayer made by the petitioner.
After having heard the learned counsel for both the parties and without expressing any opinion on the merits of the case, we directed the Commissioner, Meerut Region Meerut to decide appeal No. D-201811280001 fled by the petitioner before him against the order of externment dated 29.6.2018 passed by the Additional District Magistrate (Administration) Meerut within a period of three months from the date of production of a certified copy of this order, if there is no legal impediment. It is further directed that the stay application filed in the aforesaid appeal shall be decided by respondent no. 4 within a period of three weeks from the aforesaid date. For a period of three months from today or till disposal of the stay application in the aforesaid appeal, whichever is earlier, the externment order dated 29.6.2018 passed by the Additional District Magistrate (Administration) Meerut shall remained stayed.
In case the petitioner fails to file a certified copy of this order before the Commissioner, Meerut Region Meerut within one week from today, then this writ petition shall stand automatically dismissed, and the petitioner shall not be entitled to take benefit of this order.
With the aforesaid observations, this writ petition is final;y disposed of.
Order Date :- 26.10.2018 RPD