Kapil Vs State of U.P. and Another

Court No. - 91

Case :- MATTERS UNDER ARTICLE 227 No. - 9587 of 2022

Petitioner :- Kapil Respondent :- State of U.P. and Another Counsel for Petitioner :- Ruchita Singh Counsel for Respondent :- G.A.

Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Ajay Shankar holding brief of Ms. Ruchita Singh, learned counsel for the petitioner and learned A.G.A.

The only prayer made in this petition is that the Commissioner Prayagraj Division, Prayagraj, District Prayagraj may be directed to decide the appeal within a stipulated time. Admittedly the impugned order has been passed on 08.09.2022 directing externment of the petitioner for six months. It is pleaded that in case the appeal is not decided expeditiously, it may become infructuous by lapse of time.

In these circumstances, the Commissioner Prayagraj Division, Prayagraj, District Prayagraj is directed to decide the Appeal No.1082 of 2022 (Kapil vs. State of U.P.) expeditiously, preferably within one month from the date of production of a certified copy of this order provided the petitioner fully cooperates and participates in the proceeding through his counsel or the pairokar.

Prima facie, petitioner could not show any fact or circumstance which could strike at the root of the order or could show that the order suffered from any patent illegality or impropriety. Hence operation and effect of the impugned order is not being stayed.

It is made clear that the appeal shall be decided by the court concerned without being influenced by any of the observations of the Court made herein.

Order Date :- 1.11.2022

Asha

Digitally signed by ASHA Date: 2022.11.02 14:11:17 IST Reason: Location: High Court of Judicature at Allahabad

Kapil v. State of U.P. and Another