Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4545 of 2018 Petitioner :- Shahjad Ahmad Respondent :- State Of U.P. Through Principal Secretary Home And 3 Others Counsel for Petitioner :- Ved Prakash Shukla Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard Sri Ved Prakash Shukla, the learned counsel for the petitioner, learned AGA for respondents-State and perused the record.
This petition for writ is before us to challenge an order passed by the Additional District Magistrate (Administration), Kanpur Dehat invoking the powers under Section 3 of the U.P. Control of Goondas Act, 1970. An appeal against the order aforesaid as per provisions of Section 6 of the Act of 1970 too has been filed before the Commissioner, Kanpur Region, Kanpur. The appellate authority vide order dated 20th December, 2017 dismissed the stay application and fixed the appeal for hearing on 24th January, 2018.
On asking, it is submitted by the learned counsel appearing for the petitioner that the appeal has yet not be decided. However, he is not aware with the next date of the case.
From the perusal of the order dated 20th December, 2017, it is apparent that while dismissing the stay application the Commissioner has not assigned any reason. It is settled that a quasi judicial authority while disposing of any application is required to support its findings by adequate reasons.
In our considered opinion, dismissal of the application without assigning any reason is bad.
In the light of whatever stated above, we deem it appropriate to dispose of the petition for writ by directing the Commissioner, Kanpur Division, Kanpur to dispose of the appeal preferred by the petitioner within a period of 15 days from the date the petitioner presents a certified copy of this order before him and if for any unavoidable reason the fails to dispose of the appeal within the period prescribed, the stay application shall be reconsidered on merits and be decided by assigning adequate reasons.
The writ petition stands disposed of.
Order Date :- 23.2.2018 Bhaskar (Rajiv Lochan Mehrotra, J.) (Govind Mathur, J.)