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Allahabad High Court · body

2016 DIGILAW 1211 (ALL)

Layak Singh Baghel v. Commissioner Agra Division

2016-04-04

BALA KRISHNA NARAYANA, SHASHI KANT

body2016
JUDGMENT Heard learned counsel for the petitioner and learned AGA for the State. 2. This writ petition has been filed by the petitioner with the prayer to quash the order dated 19.01.2016, passed by the Court of Additional District Magistrate (F/R), Firozabad in Case No. D-20150126001708 of 2015 - State of U.P. Vs. Layak Singh Baghel, under Section 3 of U.P. Gundas Act, Police Station - Ramgarh, District - Firozabad as well as to issue a writ order or direction in the nature of mandamus directing the respondent no.1 to decide Appeal No. nil of 2016 filed against the order dated 19.01.2016 passed by the respondent no.2, District Magistrate, Firozabad under Section 3 of the U.P. Control of Gundas Act, 1970 by which the petitioner has been externed from District Firozabad for a period of six months as well as the stay application filed therein. 3. It is submitted by the learned counsel for the petitioner that although the petitioner has filed an appeal before the respondent no.1 against the order of externment dated 19.01.2016 passed by the respondent no.2, District Magistrate, Firozabad but till date neither the appeal has been heard for admission nor the stay application filed therein has been considered by the respondent no.1 and the district authorities. On account of non consideration of the stay application filed in the aforesaid appeal and the police is harassing the petitioner and hence a direction may be issued to the respondent no. 1 to decide the petitioner's appeal within a time bound period fixed by this court or at least to consider the stay application of the petitioner filed on 24.02.2016 along with appeal no. nil of 2016. 4. Learned AGA has no objection to the aforesaid prayer made by the petitioner. 5. After hearing learned counsel for the parties, without expressing any opinion on the merits of the case we direct the Commissioner, Agra Division, Agra to decide the appeal no. nil of 2016 filed by the petitioner on 24.02.2016, against the order of externment dated 19.01.2016 passed by District Magistrate, Firozabad, respondent no.2 within a period of three months from the date of production of certified copy of this order, before him. 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 six weeks from the aforesaid date. 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 six weeks from the aforesaid date. For a period of six weeks or till disposal of the stay application in the aforesaid appeal, whichever is earlier, the externment order dated 19.01.2016 passed by the respondent no.2, District Magistrate, Firozabad shall remain stayed. 6. In the case the petitioner fails to file a certified copy of this order before the Commissioner, Agra Division, Agra within one week from today, then this writ petition shall stand automatically dismissed and the petitioner shall not be entitled to any benefit of this order. With the aforesaid observations this writ petition is finally disposed of.