Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12383 of 2021 Petitioner :- Raju Kharadi Alias Shafik Alam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Mohammad Abbas Abdy Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner and learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"I). Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to register the appeal Under Section 6 of the U.P. Control of Gunda Act, 1970 and decide the same within a stipulated of time.
II) Issue a writ, order or direction in the nature of mandamus directing to the respondent no. 2 to stay application after registration of the Appeal Under Section 6 of the U.P. Control of Gunda Act, 1970."
Submission of learned counsel for the petitioner is that although appeal was filed on 25.11.2021, however till date the same has not been registered as per his information.
Learned counsel for the petitioner drawing the attention to question and answer which is annexed at page 55 of the paper book, submission is that even the registration has not been done till date whereas the appeal is to be decided expeditiously as life of externment order itself is of six months.
In view of the aforesaid, without going into the merits of the claim of the petitioner, this petition stands disposed of with a direction to respondent no. 2 to direct the authorities concerned to register the appeal and decide the stay application of the petitioner within 15 days and decide the appeal within a period of one month from the date of production of certified copy of this order.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the said respondent while deciding the claim of the petitioner.
With the aforesaid observation/direction, this writ petition is finally disposed of. No order as to costs.
Order Date :- 21.12.2021 Ujjawal