Application under Section 482 where the High Court directed the Divisional Commissioner to expedite hearing of the pending appeal and stay application filed against an order of externment under U.P. Control of Goondas Act 1970.
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Court No. - 78
Case :- APPLICATION U/S 482 No. - 2207 of 2021
Applicant :- Rajat Pal @ Manish Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application has been filed by the applicant to allow this application and direct the court below to expedite the hearing of stay application as well as case No. 01314 of 2020, Computer Generated Case No. C202013000001314, Under Section 6 U.P. Control of Goondas Act 1970, P.S. Katgher, District- Moradabad, pening in Court of Commissioner, Moradabad Division Moradabad expeditiously.
Learned counsel for the applicant submits that against the order of externment the applicant preferred an appeal before the concerned Divisional Commissioner along with the stay application but neither has appeal was decided nor any order was passed on the stay application and the next date fixed before the Commissioner is 21.01.2021.
Having considered the submissions advanced by learned counsel for the parties, the concerned Divisional Commissioner is directed to decide the stay application of the applicant in accordance with law, if possible on the next date fixed or within thirty days from the date of production of a certified copy of this order, if appeal is not decided on the next date.
With the aforesaid observations, the application stands disposed of.
Office is directed to issue a certified copy of this order to the learned counsel for the applicant today on payment of usual charges.
Order Date :- 18.3.2021 SY
Rajat Pal @ Manish
State of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
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