Partly allowed

Mukesh Kumar v. State of U.P. and 2 Others

Allahabad HC14 Sept 2023CRLP/14490/2023

Case brief

AI extract

What is this about?

This petition challenged a rejection of a stay application regarding an externment order. The court directed the externment order remain in abeyance during the appeal and mandated the appellate authority to decide within 90 days, determining the rejection was unlawful.

What did the court decide?

The order dated 21.07.2023 is stayed during the pendency of the appeal; the appellate authority must decide within 90 days.

Mukesh Kumar Vs State of U.P. and 2 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177819

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Court No. - 80

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Case :- CRIMINAL MISC. WRIT PETITION No. - 14490 of 2023

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Petitioner :- Mukesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Dhar Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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None appeared on behalf of the petitioner except learned A.G.A. for the State.

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The present writ petition under Article 226 of the Constitution of India has been moved with following prayers :-

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I- To issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 23.08.2023 passed by respondent no.2, in Appeal No.1120/2023 to extent of rejection of the stay application of the petitioner.

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II- To issue a writ, order or direction in the nature of Mandamus directing the concerned respondents to permit the petitioner to stay at District Shahjahanpur, during the pendency of present writ petition.

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It is submitted by learned counsel for the petitioner that an order for externment under Section 3(1) of U.P. Control of Goondas Act, 1970 was passed by the Additional District Magistrate, (Administration) Shahjahanpur in Case No. 00873 of 2021 vide order dated 21.07.2023 on the basis of report dated 12.04.2021 against which an appeal was filed before the Commissioner, Bareilly Mandal, Bareilly 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 21.07.2023 during the pendency of appeal and to decide the appeal as expeditiously as possible.

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Learned A.G.A. urged that in this case order was passed by the

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Additional District Magistrate, (Administration) Shahjahanpur 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.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A. for the State, 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 the application filed by the petitioner for staying the implementation of the order in question was rejected which cannot be said to be lawful.

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As a result, it is directed that the order dated 21.07.2023 passed by the Additional District Magistrate, (Administration) Shahjahanpur for externment and under challenge in appeal shall remain in abeyance during the pendency of appeal.

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It is also directed that Commissioner, Bareilly Mandal, Bareilly shall made 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.

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Accordingly, this writ petition is disposed of finally.

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Order Date :- 14.9.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Mukesh Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Mukesh Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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