Court No. - 26
Case :- WRIT - C No. - 11244 of 2018 Petitioner :- Sushil Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kukmar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
This writ petition has been filed by the petitioner challenging the order dated 18.9.2017 passed by the Additional Commissioner, Bareilly Mandal, Bareilly rejecting the stay application of the petitioner in Appeal No. 105 of 2017 (Sushil Kumar Vs. State of U.P.).
I have gone through the order impugned and I do not find any consideration of the prima-facie case of the petitioner as mentioned in the Appeal.
The order dated18.9.2017 is set aside.
The matter is remanded back to the Additional Commissioner, Bareilly Mandal, Bareilly to consider the stay application of the petitioner afresh on merits and pass appropriate reasoned and speaking order thereon within a period of three weeks from the date a certified copy of this order is produced before him.
The writ petition is partly allowed to this extent.
Order Date :- 28.3.2018 Arif