Court No. - 28 Case :- MISC. SINGLE No. - 113 of 2010 Petitioner :- Sushil Kumar Singh Respondent :- State Of U.P.Through The Secy. Home Lko.And Ors. Petitioner Counsel :- G.P.Mishra Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
This petition has been filed, under writ jurisdiction which is considered to be
extraoridnary and discretionary jurisdiction, impugning the orders dated
17.12.2009 passed by the District Magistrate externing the petitioner under
Goonda Act and order dated 06.01.2010 passed by the Commissioner.
It is noteworthy that the appeal is still pending. Learned counsel says that
though the appeal has been admitted but the order of the learned District
Magistrate has not been stayed.
There is no mandatory provision for staying the proceedings while admitting
the appeal under Goonda Act.
In view of the above, this petition appears to be misconceived, therefore, it is
dismissed with Rs.5,000/- as cost to be deposited in Mediation and
Conciliation Center of this Court.
However, learned Commissioner concerned is directed to conclude the appeal
expeditiously preferably within a period of one month from the date a
certified copy of this order is produced before it.
Order Date :- 13.1.2010
ML/-