Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 3340 of 2018 Petitioner :- Mohd Hassan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jamal Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Being aggrieved by an order dated 03.11.2017 passed by District Magistrate, Pratapgarh invoking powers under Section 3 of the Uttar Pradesh Control of Goondas Act, 1970 (hereinafter referred to as "Act, 1970"), the petitioner preferred an appeal as per Section 6 of the Act, 1970 before the Commissioner, Allahabad Division, Allahabad (respondent no. 4).
The Commissioner vide order dated 17.11.2017 dismissed the stay application and adjourned the appeal for hearing on 18.12.2017.
On asking, learned counsel for the petitioner submits that the appeal has yet not been disposed of and the same is now fixed for hearing on 08.03.2018.
Having considered the facts stated in the petition for writ and the documents annexed thereto, we deem it appropriate to dispose of this petition for writ by directing the Commissioner, Allahabad Division, Allahabad to consider and decide the appeal preferred by the petitioner on next date of listing, i.e., 08.03.2018. If for any unavoidable reason, the Commissioner fails to dispose of the appeal on the day aforesaid, he shall reconsider the stay application of the petitioner afresh and decide the same by providing adequate reasons in support of the findings to be arrived.
With the directions and observations as above, this petition for writ stands disposed of.
Order Date :- 22.2.2018 Shubham .
(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)