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2015 DIGILAW 3792 (ALL)

Rahmatullah Ansari v. State of U. P.

2015-12-03

BALA KRISHNA NARAYANA, NAHEED ARA MOONIS

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JUDGMENT Heard learned counsel for the petitioner and learned AGA. 2. This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to decide Appeal No. 212 of 2015 filed against the order dated 31.07.2015 passed by the respondent no. 3, District Magistrate, Kanpur Nagar, under section 3/4 of the U.P. Control of Goondas Act, 1970 by which the petitioner has been externed from District Magistrate Kanpur Nagar, for a period of six months, as well as the stay application filed therein. 3. It has been submitted by learned counsel for the petitioner that although the petitioner has filed an appeal before the respondent no. 2 against the order of exernment dated 31.07.2015 passed by the District Magistrate, Kanpur Nagar, on 05.06.2015 but till date neither the appeal has been heard for admission nor the stay application filed therein has been considered by the respondent no. 2 and the district authorities on account of non-consideration of the stay application filed in the aforesaid appeal are harassing the petitioner, therefore, he has made a prayer before this court that suitable direction may be issued to the respondent no. 2 to decide the appeal within a time bound period fixed by this court or at least to consider the stay application of the petitioner filed along with Appeal No. 212 of 2015. 4. Learned AGA has no objection to the aforesaid prayer made by the petitioner. 5. After hearing learned counsel for both the parties, without expressing any opinion on the merits of the case we direct the Commissioner, Kanpur Division, Kanpur Nagar to decide Appeal No. 212 of 2015 filed by the petitioner before him against the order of externment dated 31.07.2015 passed by the District Magistrate, Kanpur Nagar, within a period of three months from the date of production of a certified copy of this order if there is no legal impediment. It is further directed that the stay application filed in the aforesaid appeal shall be decided by the respondent no. 2 within a period of three weeks from the aforesaid date. For a period three weeks or till disposal of the stay application in the aforesaid appeal, whichever is earlier, the externment order dated 31.07.2015 passed by the District Magistrate, Kanpur Nagar, shall remain stayed. 6. 2 within a period of three weeks from the aforesaid date. For a period three weeks or till disposal of the stay application in the aforesaid appeal, whichever is earlier, the externment order dated 31.07.2015 passed by the District Magistrate, Kanpur Nagar, shall remain stayed. 6. In case the petitioner fails to file a certified copy of this order before the Commissioner, Kanpur Division, Kanpur Nagar, within one week from today, then this writ petition shall stand automatically dismissed and the petitioner shall not be entitled to take benefit of this order. With the aforesaid observations this writ petition is finally disposed of.