Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7446 of 2018 Petitioner :- Balle Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned AGA.
This writ petition has been filed by the petitioner for a writ of certiorari quashing the order dated 05.1.2018 passed by the respondent No.3District Magistrate Lallitpur in Case No. 835 of 2017 D201706450835 under Section 3 U.P. Control of Goondas Act by which the petitioner has been externed from District Lallitpur, for a period of six months and also to quash the order dated 07.2.2018 passed by respondent No.2 Commissioner Jhansi Division Jhansi in Appeal No. 14/2017-18 whereby the stay application filed in the aforesaid appeal has been rejected.
It has been submitted by learned counsel for the petitioner that against the order of externment, the petitioner has filed Appeal No. 14/2017-18 before the Commissioner Jhansi Division Jhansi alongwith stay application and vide order dated 07.2.2018 stay application has been rejected by the respondent No.2, therefore, he has made a prayer before this court that suitable direction may be issued to the respondent no. 2 to decide the appeal within a time bound period fixed by this court.
Learned AGA has no objection to the aforesaid prayer made by the petitioner.
After hearing learned counsel for both the parties, without expressing any opinion on the merits of the case we direct the Commissioner, Jhansi Division Jhansi, to decide Appeal No. 14/2017-18 filed by the petitioner before him against the order of externment dated 05.1.2018 passed by the District Magistrate, Lallitpur, within a period of two months from the date of production of a certified copy of this order if there is no legal impediment. For a period two months or till disposal of the aforesaid appeal, whichever is earlier, the externment order dated 05.1.2018 passed by the District Magistrate, Lallitpur, shall remain stayed.
In case the petitioner fails to file a certified copy of this order before the Commissioner, Jhansi Division Jhansi 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 finally disposed of.
Order Date :- 28.3.2018 faraz