Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30238 of 2018 Petitioner :- Matru Ram Vishwakarma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Gupta 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.
This writ petition has been filed by the petitioner with the following prayer :-
"1. issue a writ, order or direction in the nature of certiorari quashing the order dated 29.9.2018 passed by District Magistrate, Varanasi in Case No.190 of 2018, under Section 3(3) U.P. Control of Goondas Act, Police Station- Lanka, District- Varanasi.
2. issue a writ, order or direction in the nature of mandamus directed the respondents not to take any coercive measure against the petitioner in pursuant to order dated 29.9.2018 passed by District Magistrate, Varanasi in Case No.190 of 2018, under Section 3(3) U.P. Control of Goondas Act, Police Station- Lanka, District- Varanasi during the pendency of the Appeal No. C-201814000001455 of 2018, Matru Ram Vishwakarma Versus State, under Section 6 Control of Goondas Act, Police Station- Lanka, District- Varanasi pending before Commissioner, Varanasi Division, Varanasi."
It has been submitted by learned counsel for the petitioner that although the petitioner has filed an appeal before the respondent no.2 on 10.10.2018, against the order of externment dated 29.9.2018 passed by the District Magistrate, Varanasi, but till date neither the appeal has been heard for admission nor the stay application filed therein has been considered by the respondent no.2 and the district authorities on account of non- consideration of the stay application filed in the aforeasaid appeal are harassing the petitioner, 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 or at least to consider the stay application of the petitioner filed alongwith Appeal No.C- 201814000001455 of 2018.
Learned A.G.A. 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, Varanasi Division, Varanasi, to decide Appeal No.C-201814000001455 of 2018 filed by the petitioner before him against the order of externment dated 29.9.2018 passed by respondent no.3,District Magistrate, Varanasi, 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 the respondent no.2 within a period of three weeks from the aforesaid appeal, whichever is earlier, the externment order dated 29.9.2018 passed by the District Magistrate, Varanasi, shall remain stayed.
In case the petitioner fails to file a certified copy of this order before the Commissioner, Varanasi Division, Varanasi, within four weeks 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 :- 26.10.2018 Shalini