Petitioner challenged an externment order and sought expedited disposal of appeal. Court directed Commissioner to decide within 60 days and stayed externment operation pending disposal.
Directed to decide appeal within 60 days; stay of externment order during pendency.
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Neutral Citation No. - 2024:AHC:113292
Court No. - 82
Case :- CRIMINAL MISC. WRIT PETITION No. - 11877 of 2024
Petitioner :- Shivam Singh Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Ashish Kumar Dubey,Rakesh Kumar Pandey
Counsel for Respondent :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the material on record.
The present writ petition has been filed with following prayers :-
(I) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 20.06.2024 passed by the Commissioner, Jhansi Mandal Jhansi (respondent no.2) in Case No.599 of 2024 (Computerized Case No.C202406000000599) (Shivam Singh vs. State of U.P.) u/s 6 of U.P. Gunda Control Act, 1970.
(II) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the Appeal No.599 of 2024 (Computerized Case No.C202406000000599) (Shivam Singh vs. State of U.P.) u/s 6 of U.P. Gunda Control Act, 1970, expeditiously within stipualated period as fixed by the Hon'ble Court.
(III) Issue a writ, order or direction in the nature of mandamus directing the respondents to not to act any coercive measure against the petitioner in pursuance to the order dated 03.05.2024 passed by the District Magistrate, Lalitpur (Respondent No.3) in Case No.1068 of 2023 (Computer Case No.D202306450001068) (State vs. Shivam Singh) u/s 3/4 of U.P. Gunda Control Act, 1970.
It is submitted by learned counsel for the petitioner that in this case externment order was passed on 03.05.2024 against the petitioner u/s 3/4 U.P. Control of Gunda Act, 1970 by the District Magistrate, Lalitpur without appreciating the material on record against which he preferred an appeal before the learned court of Commissioner, Jhansi Mandal Jhansi which was admitted on 12.06.2024 but
application for stay of operation of order for externment was rejected and date was fixed on 07.08.2024 for hearing. Therefore, request to direct the learned court concerned to decide the appeal as expeditiously as possible and to stay the operation of externment order till the disposal of appeal.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A., it is expedient to direct the respondent no.2 i.e. Commissioner, Jhansi Mandal Jhansi to make its endeavour to decide the appeal as expeditiously as possible within a period of 60 days from the date of production of certified copy of this order, in accordance with law.
In the meantime the operation of order dated 03.05.2024 passed by the District Magistrate, Lalitpur shall remain in abeyance.
Accordingly, this writ petition is disposed of finally with the aforesaid direction.
Order Date :- 16.7.2024 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the Commissioner, Jhansi Mandal Jhansi to decide the appeal expeditiously and stay the externment order during pendency.
2 provisions across 1 enactments
Shivam Singh
State Of Up
Subhash Chandra Sharma
Ashok Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
