Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 1562 of 2019 Petitioner :- Shabbu @ Nasir Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of mandamus directing the respondent no. 3, Commissioner, Saharanpur Division, Saharanpur to decide the stay application pending in Appeal No. Nil of 2017-18 ( filed against the order dated 27.10.2018 passed by the respondent no. 2, District Magistrate, Shamli, under section 3/4 of the U.P. Control of Goondas Act, 1970 by which the petitioner has been externed from District Shamli, for a period of six months, as well as the stay application filed therein.
It has been submitted by learned counsel for the petitioner that although the petitioner has filed an appeal before the respondent no. 3 against the order of externment dated 27.10.2018 passed by the District Magistrate, Shamli, but till date neither the appeal has been heard for admission nor the stay application filed therein has been considered by the respondent no. 3 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.
3 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 No. NIL of 2017-18.
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, Saharanpur Division, Saharanpur to decide Appeal No. Nil of 2017- 18 filed by the petitioner before him against the order of externment dated 27.10.2018 passed by the District Magistrate, Shamli, 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. 3 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 27.10.2018 passed by the District Magistrate, Shamli, shall remain stayed.
In case the petitioner fails to file a certified copy of this order before the Commissioner, Saharanpur Division, Saharanpur, within one month 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 :- 22.1.2019 T.S.