The court disposed of a writ petition challenging orders under the UP Gundas Control Act declaring it infructuous as the subject matter had elapsed for over two years. The interim order was discharged.
Petition found infructuous on account of efflux of time; disposal order made; interim order discharged.
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Court No. - 86
Case :- CRIMINAL MISC. WRIT PETITION No. - 13384 of 2018
Petitioner :- Imran Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Diwan Saifullah Khan,Abhishek Ankur Chaurasia Counsel for Respondent :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and learned A.G.A.
This is a writ petition filed under Article 226 of the Constitution of India seeking to stay the effect and operation of the impugned order dated 14.03.2018 passed by Commissioner, Varanasi Division, Varanasi in Appeal No. C.201714001957 of 2007 under Section 6 of The Uttar Pradesh Gundas Control Act, 1970 (Annexure No. 1) and impugned order dated 13.11.2017 passed by District Magistrate, Varanasi under Section 3(3) of The Uttar Pradesh Gundas Act, 1970 (Annexure No. 2) during the present Writ Petition.
The submission of the learned counsel for the petitioner is that the order of externment for six months was passed on 14.3.2018, which has elapsed for more than two years back, thus this petition has become infructuous by efflux of time.
In view of the above, this writ petition has become infructuous and it is, accordingly, disposed of.
Interim order, granted earlier, stands discharged.
Order Date :- 23.7.2021 A. Mandhani
1 issue framed by the court
Whether the writ petition seeking stay of impugned orders has become infructuous due to efflux of time.
3 provisions across 3 enactments
Imran
State Of U.P.
Consorts
Representatives
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
