Court No. - 26
Case :- WRIT - C No. - 10899 of 2018 Petitioner :- Badam Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kukmar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
(ORAL) This writ petition has been filed by the petitioner challenging the order dated 27.02.2018 passed by the Additional Commissioner, Bareilly Division, Bareilly rejecting the stay application of the petitioner in Appeal No. 43 of 2018 (Badam Singh Vs. State of U.P.).
I have gone through the order impugned and I do not find any consideration of the prima-facie case of the petitioner as mentioned in the Appeal.
The order dated 27.02.2018 is set aside.
The matter is remanded back to the Additional Commissioner, Bareilly Division, Bareilly to consider the stay application of the petitioner afresh on merits and pass appropriate reasoned and speaking order thereon within a period of three weeks from the date a certified copy of this order is produced before him.
The writ petition is partly allowed to this extent.
Order Date :- 27.3.2018 Sazia