Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 17249 of 2020 Petitioner :- Kaushal Nath Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Brij Kishore Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner and learned AGA for the State.
The instant petition has been filed praying for a mandamus commanding the District Magistrate to execute externment order dated 29.09.2018 passed under Section 3(3) of U.P. Control of Goondas Act, 1970 in Case No. 191 of 2018 against respondent no. 5.
According to petitioner, the externment order aforesaid remained stayed during pendency of appeal filed by respondent no. 5 challenging the externment order. The appeal was dismissed on 10.7.2020. The respondent no. 5 is contravening the externment order but no action is being taken against him. He also submitted that the petitioner, who is neighbour of respondent no. 5 had filed several representations before the authorities for enforcement of externment order but no heed is being paid, hence the instant petition.
The appellate authority while dismissing the appeal vide order dated 10.7.2020 has recorded a specific finding that six months duration of externment order had already expired. Moreover, section 11 of the Act empowers the District Magistrate to enforce externment order by forcible removal of the person.
In such view of the matter, we leave it open to the petitioner to approach the District Magistrate with his grievance along with true attested copy of the instant order. In that event, he shall examine as to whether there is any violation of the externment order and in case he finds that the same is being violated, he shall proceed in accordance with Section 11 of the Act.
The petition stands disposed of.
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(Rajendra Kumar-IV, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.1.2021 Manoj