Partly allowed¶14

Raman Tiwari v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others

Allahabad HC24 Feb 2025CRLP/1405/2025

Case brief

AI extract

What is this about?

Gunda Control Act 1970; S. 3/4 externment order; ADM City Ayodhya; appeal u/s 6; Commissioner Ayodhya Mandal; appeal admitted 08.01.2025; stay application rejected; flimsy ground; balance of convenience; interim relief; certiorari; mandamus; writ petition partly allowed; externment order stayed till disposal of appeal; expedited final hearing; A.G.A.; Allahabad High Court Lucknow Bench; Rajeev Singh, J.; order date 24.2.2025.

What did the court decide?

Petition partly allowed: externment order dated 04.12.2024 of ADM, City Ayodhya stayed till disposal of Appeal No. 3296 of 2024, and Commissioner, Ayodhya Mandal, Ayodhya directed to expedite final hearing of the appeal. ¶14

Raman Tiwari Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC-LKO:11732

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Court No. - 13

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1405 of 2025

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Petitioner :- Raman Tiwari

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others Counsel for Petitioner :- Jay Prakash Singh Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard.

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The instant petition has been filed by the petitioner seeking following reliefs:-

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"(i) A writ, an order or direction in the nature of certiorari quashing the impugned order dated 04.12.2024 passed by the Additional District Magistrate City Ayodhya in case no. 1265 of 2023, (Computerized no. D202304230001265), State Vs. Raman Tiwari U/s 3/4 Gunda Control Act 1970 and order dated 08.01.2025 passed by the appellate court in appeal no. 3296 of 2024 (Computerized no. C202404000003296), Raman Tiwari Vs. State, contained as Annexure No.01 & 02 to this writ petition.

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(ii). A writ in the nature of mandamus commanding the respondent no. 02 to decide the appeal/case no. 3296 of 2024, (Computerized no. C202404000003296), Raman Tiwari Vs. State through District Magistrate U/s- 6 of the Gunda Control Act, 1970 in the interest of justice."

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Learned counsel for the petitioner submits that the impugned proceeding against the petitioner was initiated in the most mechanical manner. He further submits that the externment order dated 04.12.2024 was passed by Additional District Magistrate, City Ayodhya, which is challenged before Commissioner, Ayodhya Mandal, Ayodhya in an appeal filed u/s 6 of Gunda Control Act, 1970, and the said appeal is already admitted on 08.01.2025. He next submits that interim relief application was rejected with the observation that balance of convenience is not in favour of the petitioner, hence, indulgence of this Court is required.

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Learned A.G.A. vehemently opposes the prayer of the petitioner. However, he does not dispute the fact that the appeal has already been admitted.

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Considering the submissions of learned counsel for the parties and going through the contents of the impugned order as

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well as other relevant documents, it is evident from the order dated 08.01.2025 that the appeal has already been admitted, but the stay application has been rejected on flimsy ground. Therefore, this petition is partly allowed .

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Commissioner, Ayodhya Mandal, Ayodhya is directed to expedite final hearing of the appeal.

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Till disposal of the appeal, the order passed by Additional District Magistrate, City Ayodhya on 04.12.2024 shall remain stayed.

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Order Date :- 24.2.2025 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Raman Tiwari v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others

Case brief

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Raman Tiwari v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others

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