Writ petition directed the Commissioner, Meerut Mandal, to decide an appeal under the U.P. Gunda Control Act expeditiously within six months and stayed the externment order during pendency.
Directed Commissioner, Meerut Mandal, to decide appeal within 6 months; stayed externment order.
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Neutral Citation No. - 2024:AHC:112457
Court No. - 82
Case :- CRIMINAL MISC. WRIT PETITION No. - 4039 of 2024
Petitioner :- Rohit Bharti Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mukesh Chandra Gupta Counsel for Respondent :- G.A.,Shubham Prakash Gupta
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 prayer to issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to decide the Appeal No.248 of 2024, Computer Case No.C202411000000248 (Rohit Bharti vs. State of U.P.) under Section 6 of U.P. Gunda Control Act, 1970, order dated 10.01.2024 passed by Additional Police Commissioner, Commissionerate, District Ghaziabad, under Section 2/3 U.P. Control of Gunda Act, Police Station Sihani Gate, District Ghaziabad and stay the order dated 10.01.2024 passed by Additional Police Commissioner, Ghaziabad for externment for a period of 6 months during the pendency of the instant appeal pending before the Commissioner, Meerut Mandal, Meerut.
It is submitted by learned counsel for the petitioner that in this case externment order was passed against the petitioner u/s 2/3 U.P. Gunda Act by the Additional Police Commissioner, Ghaziabad against which he preferred an appeal before the learned court of Commissioner, Meerut Mandal, Meerut in which date was fixed for hearing and stay application was rejected. 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. opposed the prayer as aforesaid.
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, Meerut Mandal, Meerut to make its endeavour to decide the appeal as expeditiously as possible within a period of 6
months from the date of production of certified copy of this order, in accordance with law.
In the meantime the operation of order dated 10.01.2024 passed by Additional Police Commissioner, Ghaziabad shall remain in abeyance.
Accordingly, this writ petition is disposed of finally with the aforesaid direction.
Order Date :- 15.7.2024 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
2 provisions across 2 enactments
Rohit Bharti
State Of Up
Additional Police Commissioner, Ghaziabad
Commissioner, Meerut Mandal, Meerut
Subhash Chandra Sharma
Ashok Kumar Gupta
As recorded by the court registry
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