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2017 DIGILAW 93 (UTT)

GAJENDRA SINGH RAUTELA @ GOPU v. STATE OF UTTARAKHAND

2017-02-13

U.C.DHYANI

body2017
JUDGMENT U.C. Dhyani, J. (Oral) By means of present writ petition, the petitioner prays for the following relief, among others: “(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 27.01.2017 passed by District Magistrate, Udham Singh Nagar in Case No. 51/02 of 2016, State vs. Gajendra Singh Rautela @ Gopu, under Section ¾ of the Gunda Niyantran Adhiniyam. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondent District Magistrate, Udham Singh Nagar to decide the Case No. 51/02 of 2016, State vs. Gajendra Singh Rautela @ Gopu, under Section ¾ of the Gunda Niyantran Adhiniyam.” 2. Heard learned counsel for the petitioner, learned counsel for the State, perused the documents brought on record and considered the grounds taken up in the writ petition. 3. The order impugned was passed in absence of the petitioner although after issuing notice to him. On the date of hearing an application for adjournment was moved by the petitioner which was rejected by the District Magistrate and, therefore, order of externment for six months was passed vide impugned order dated 27.01.2017, hence the present writ petition. Learned counsel for the petitioner submitted that orders of acquittal have been recorded in favour of the petitioner in three criminal cases, which have been indicated in the impugned order. 4. Learned counsel for the petitioner confined his prayer only to the extent that an opportunity of hearing be given to the petitioner to submit his reply to the show cause notice and, thereafter, the District Magistrate be directed to decide the lis in accordance with law. 5. Learned counsel for the petitioner submitted that the petitioner undertakes that he will not enter into the District Udham Singh Nagar till 17th February, 2017. It is to be noted here that 15.02.2017 is the date fixed for General Assembly Elections, 2017. 6. Learned counsel for the State is not averse to such proposal of learned counsel for the petitioner. 7. Writ Petition is accordingly disposed of at the threshold by directing the District Magistrate to give an opportunity of hearing to the petitioner and only thereafter decide the lis pending before him in accordance with law. The petitioner shall remain in externment till 17th Febraury, 2017. 7. Writ Petition is accordingly disposed of at the threshold by directing the District Magistrate to give an opportunity of hearing to the petitioner and only thereafter decide the lis pending before him in accordance with law. The petitioner shall remain in externment till 17th Febraury, 2017. The order impugned shall remain in abeyance thereafer till final decision is taken by the District Magistrate on his show cause notice and objection thereon.