Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31353 of 2018 Petitioner :- Ram Shankar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Madhup Narain Shukla Counsel for Respondent :- G.A.,Ravindra Prakash Srivastava
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner, learned AGA for the respondent Nos.a to 4.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of Mandamus commanding respondent no.2 to decide the Appeal No. 0894 of 2018 computerized case No. 201817000000894 (Ram Shankar vs. Additional District Magistrate Basti) u/s. 6 of U.P. Control of Goondas Act, 1970 pending before him within some stipulated period to be specified by this Hon'ble Court.
It is submitted by the learned counsel for the petitioner that although the petitioner has filed an appeal before the Commissioner, Basti Division Basti, respondent no.2 against the order of externment dated 04.10.2018 passed by respondent no.3 but till date, the stay application filed therein has not been considered by respondent no.2 and the district authorities. On account of non-consideration of the stay application filed in the aforesaid appeal, the police is harassing the petitioner, hence a direction may be issued to the respondent no.2 to decide the petitioner's 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 the parties, without expressing any opinion on the merits of the case, we direct the Commissioner, Basti Divison Basti, respondent no.2 to decide the aforesaid appeal filed by the petitioner against the order of externment dated 04.10.2018 passed by respondent no.3, within a period of two months from the date of production of a certified copy of this order, before him. 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 six weeks from the aforesaid date.
For a period of six weeks or till disposal of the stay application in the aforesaid appeal, whichever is earlier, the externment order 04.10.2018 passed by respondent no.3 in the aforesaid case shall remain stayed.
In the case the petitioner fails to file a certified copy of this order before the Commissioner concerned within ten days from today, then this writ petition shall stand automatically dismissed and the petitioner shall not be entitled to any benefit of this order.
With the aforesaid observations this writ petition is finally disposed of.
Order Date :- 31.10.2018 Pr/-