Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 6053 of 2017 Petitioner :- Munna Lal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri N.L. Tripathi, learned counsel for the petitioner and Sri Irshad Hussain, learned AGA for the State.
This writ petition has been filed by the petitioner with the prayer to quash the impugned order dated 24.3.2017 passed by respondent no. 3 in Case No. 50 of 2016 (State Vs. Munna), under Section 3 U.P. Control of Gundas Act, P.S. Kotwali Lalitpur, District Lalitpur.
It has been submitted by learned counsel for the petitioner that although the petitioner has filed an appeal before the respondent no. 2 against the order of externment dated 24.3.2017 passed by the Additional District Magistrate, Lalitpur 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 aforesaid 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 along with Appeal.
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 Region, Jhansi to decide the appeal filed by the petitioner before him against the order of externment dated 24.3.2017 passed by the Additional District Magistrate, Lalitpur within a period of two 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 date. For a period three weeks or till disposal of the stay application in the aforesaid appeal, whichever is earlier, the externment order dated 24.3.2017 passed by the Additional District Magistrate, Lalitpur shall remain stayed.
In case the petitioner fails to file a certified copy of this order before the Commissioner, Jhansi Region, 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.
(Mrs. Rekha Dikshit, J.) (Ramesh Sinha, J.) Order Date :- 19.4.2017 Manoj