Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 15297 of 2020 Petitioner :- Virendra @ Lala Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adesh Kumar Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Deepak Verma,J.
Undisputedly, against the externment order dated 29.9.2020, impugned in the present petition, appeal lies to the Divisional Commissioner under Section 6 of the U P Gundas Control Act, 1970.
Counsel for the petitioner submits that purpose of filing this petition would be served if liberty is given to the petitioner to file an appeal against the impugned order, within two weeks from today and, in turn, a direction be also issued to the Appellate Authority to decide the appeal on merit, ignoring the point of limitation.
State Counsel has no objection to this proposition.
Petition is disposed of, permitting the petitioner to file an appeal against the impugned order within two weeks from today and in case, such appeal is preferred within time framed, Appellate Authority shall decide the same expeditiously in accordance with law, ignoring the point of limitation. If the order impugned has already been assailed by the petitioner before any other forum, he would not be entitled to avail the benefit of this order.
It is made clear that we have not expressed any opinion on the merits of the case and the Appellate Authority shall act in accordance with law.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the petitioner, along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 RKK/-