Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 11574 of 2010 Petitioner :- Vikram Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- V.S. Kushwaha Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition has been filed under Article 226 of the Constitution of India on
behalf of the petitioner Vikaram Singh for quashing the impugned order dated
23.6.2010 passed by respondent no.3 by which application for stay of the
impugned order has been rejected.
It is contended by learned counsel for the petitioner that on the report of the
police proceeding u/s 3 of U.P.Control of Gundas Act were initiated. The
District Magistrate Lalitpur by impugned order dated 8.6.2010 passed an
order of externment of the petitioner for a period of three months .This order
has been passed by the Collector on the report of the Superintendent of police.
The petitioner has preferred an appeal before the Commissioner ,Division
,Jhansi u/s 6 of U.P.Control of Goudas Act. Appeal was admitted but
application for stay of the impugned order has been rejected by the
Commissioner by impugned order dated 23.6.2010. It is further contended
that if the operation of the impugned order is not stayed, the very purpose of
the appeal will be frustrated.
Learned AGA has justified the impugned order.
Considered the submissions made by learned counsel for the parties.
Apparently the appeal has been admitted by the Commissioner for hearing on
merit, but the operation of the impugned order has not been stayed.
The writ petition is allowed and finally disposed of with the direction that the
Commissioner Jhansi Division Jhansi will dispose of the appeal as early as
possible preferably within a period of twomonths and the operation of the
impugned order passed by the District Magistrate shall remain stayed till that
date.
Order Date :- 2.7.2010
Hsc/