This single-judge bench issued a writ directing the Additional District Magistrate to stay operation of an externment order pending appeal and ordered the Commissioner to decide the appeal within 90 days.
Stayed operation of externment order; ordered Commissioner to decide appeal within 90 days.
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Neutral Citation No. - 2023:AHC:177540
Court No. - 80
Case :- CRIMINAL MISC. WRIT PETITION No. - 14438 of 2023
Petitioner :- Rama Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Subhash Chandra Sharma,J.
None appeared for the petitioner except learned A.G.A. for the State.
The present writ petition under Article 226 of the Constitution of India has been moved with following prayers :-
I- To issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 i.e. learned Commissioner, Basti to decide the Appeal No.587 of 2023 (State of U.P. vs. Rama) (Computer No.D0202217650000570) under Section 3/4 U.P. Control of Goondas Act, 1970 pending before him expeditiously within short period as stipulated by this Hon'ble Court.
II- To issue a writ, order or direction staying the effect and operation of the order dated 14.08.2023 passed by the learned Additional District Magistrate (Finance and Revenue), District Sant Kabir Nagar in Case No.570 of 2022 (Computer No.D0202217650000570) (State vs. Rama) under Section 3/4 U.P. Control of Goondas Act, 1970 during the pendency of Appeal No. (Computer No.C202317000000587) (Rama vs. State of U.P.) before the learned Commissioner, Basti Division Basti.
It is submitted by learned counsel for the petitioner that an order for externment under Section 3/4 U.P. Control of Goondas Act, 1970 was passed by the Additional District Magistrate (Finance and Revenue), District Sant Kabir Nagar in Case No.570 of 2022 vide order dated 14.08.2023 on the basis of report dated 20.07.2022 against which an appeal was filed before the Commissioner, Basti Division Basti which was admitted and is still pending but no stay order of externment was passed. In this way, during the pendency of appeal, if the affect of order in question is not stayed the purpose of appeal would be defeated,
therefore, requested to direct the court concerned not to take any coercive action against the petitioner in pursuance of externment order dated 14.08.2023 during the pendency of appeal and to decide the appeal as expeditiously as possible.
Learned A.G.A. urged that in this case order was passed by the Additional District Magistrate (Finance and Revenue), District Sant Kabir Nagar on the basis of material on record and against which appeal was filed but he has nothing to object about the stay of operation of order for externment during the pendency of appeal.
Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, perusal of record and the order passed by the Commissioner at the time of admission of appeal, it appears that though the appeal has been filed and is still pending before the court of Commissioner for final hearing but no order for staying the implementation of externment was passed which cannot be said to be lawful.
As a result, it is directed that the order dated 14.08.2023 passed by the Additional District Magistrate (Finance and Revenue), District Sant Kabir Nagar for externment and under challenge in appeal shall remain in abeyance during the pendency of appeal.
It is also directed that Commissioner, Basti Division Basti shall make his endeavour to decide the appeal of the petitioner as expeditiously as possible preferably within a period of 90 days from the date of production of certified copy of this order.
Accordingly, this writ petition is disposed of finally.
Order Date :- 13.9.2023 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the implementation of an externment order should remain in abeyance during the pendency of an appeal against it.
Whether the Commissioner is liable to dispose of the pending appeal within a stipulated time period.
2 provisions across 2 enactments
Rama
State Of U.P.
Commissioner, Basti
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
