Taz Mohammad Vs State of U.P. and 3 Others

Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 1612 of 2022

Petitioner :- Taz Mohammad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Tripathi Counsel for Respondent :- G.A.

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Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.

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Heard learned counsel for the petitioner and learned AGA for the State.

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From the record and the submissions made, it transpires that an order of externment was passed against the petitioner on 12.012022 by the District Magistrate concerned.

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Against the order impugned, the petitioner has preferred a stay application and an appeal on 19.01.2022, which has not been disposed of till date.

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Under the circumstances, the writ petition is disposed off directing the Commissioner, Basti Division, Basti to pass appropriate orders on the stay application filed by the petitioner after hearing all concerned, preferably within a period of three weeks from the date a copy of this order is filed before him.

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It is clarified that it shall be open for the second respondent to dispose off even the appeal of the petitioner on its merits during the same period.

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After the order has been passed, learned counsel for the petitioner submits that since the petitioner is 70 years old, the order of externment should be stayed pending the appeal or its disposal.

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In our considered opinion, this prayer is misconceived because that would amount to allowing the appeal of the petitioner without it being heard, which order cannot be passed by this Court. The prayer is, therefore, rejected.

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Order Date :- 23.2.2022 Mayank

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Digitally signed by MAYANK KUMAR SHARMA Date: 2022.02.23 16:58:55 IST Reason: Location: High Court of Judicature at Allahabad

Taz Mohammad v. State of U.P. and 3 Others

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Taz Mohammad v. State of U.P. and 3 Others

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