Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22028 of 2019 Petitioner :- Dr. Shadab Ansari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Farid Ahmed Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Farid Ahmad Qureshi, learned counsel for petitioner and learned AGA.
This writ petition is inter alia directed against order dated 30.5.2019, passed by ADM (Administration, Bijnore in Case no.02390/2018 Computerized Case No.D201813160002390 as well as order dated 8.8.2019 passed by respondent no.2 in Appeal No.201913000001077 under section 6 of Uttar Pradesh Gunda Control Act, the appeal has been admitted but no order has been passed on the stay application.
The A.D.M. (F&R), Moradabad vide order dated 30.5.2019, passed an order of externment under Section 3(1) of the Act for a period of six months. The petitioner preferred an appeal before the Commissioner, which came to be admitted on 8.8.2019.
Learned counsel for petitioner submitted that during pendency of the appeal, the Commissioner ought to have stayed the operation of externment order passed by the District Magistrate, else the purpose of filing an appeal would be frustrated.
Learned A.G.A, opposed the submission.
It is well settled in law that once an appeal is admitted, operation of order impugned before it, if it has serious/drastic consequences, same is liable to be stayed. On the one hand, the Commissioner on 8.8.2019, admitted the appeal for hearing and summoned the records, but did not pass any order on the stay application. The resultant situation is that even though appeal is slated for hearing before the appellate authority, a damocles sword is hanging over the petitioner on account of absence of any interim order during the pendency of the appeal, which would be in the teeth of law.
No useful purpose would be served by keeping this petition pending in view of the order, which the Court proposes to pass hereunder.
The writ petition is disposed of with the direction to Commissioner of the Division to decide and dispose of the pending appeal, as expeditiously as possible, preferably on the next date fixed or a date thereafter but till the disposal of the appeal operation of the order dated 30.5.2019, shall remain stayed.
Learned counsel for petitioner undertakes not to seek any adjournment before the appellate authority.
Order Date :- 27.9.2019 RS