Allahabad High Court
Ramesh Chandra Shukla vs State Of U.P.Thru.Secy.Dept. Of Home ... on 1 April, 2022
Author: Rakesh Srivastava
Bench: Rakesh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1601 of 2022 Petitioner :- Ramesh Chandra Shukla Respondent :- State Of U.P.Thru.Secy.Dept. Of Home And Others Counsel for Petitioner :- Ravindra Shukla Counsel for Respondent :- G.A. Hon'ble Rakesh Srivastava,J.
Hon'ble Ajai Kumar Srivastava-I,J.
Heard Shri Ravindra Shukla, learned counsel for the Petitioner and Ms. Ruhi Siddiqui, learned Additional Government Advocate appearing for the State-Respondents.
This writ petition has been filed inter alia praying for the following reliefs: -
i) To issue a writ, order or direction in the nature of certiorari to quash the order dated 22.01.2022 passed by opposite party no.2 in Case No.80/2021, under Section 3 (1) of U.P. Gunda Niyantran Adhiniyam 1970, State vs. Ramesh Chandra Shukla, Police Station Jaisinghpur, District Sultanpur against the Petitioner as contained in Annexure No. 1 to this writ petition.
ii) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to take any coercive steps against the petitioner in pursuance of the order dated 22.01.2022 contained in Annexure No. 1 to this writ petition.
On 22.01.2022, the District Magistrate passed an order under Section 3(3) of the U.P. Control of Goonda Act, 1970 (for short the "Act") whereby the Petitioner has been externed out side the District of Sultanpur for a period of six months. Aggrieved by the said order, the Petitioner, has filed an appeal under Section 6 of the Act before the Commissioner, the Respondent 3 herein, on 04.02.2022.
Learned Additional Government Advocate has raised a preliminary objection regarding the maintainability of the writ petition. He has submitted that the order impugned in the present writ petition is under challenge before the Commissioner. The Petitioner cannot be permitted to take recourse to two remedies simultaneously.
Learned counsel for the Petitioner has submitted that the order of externment is effective only for a period of six months and almost two months have passed but the appeal is still undisposed. He has confined his prayer for a direction to the Appellate Authority to dispose of the appeal within a stipulated time frame. The learned counsel has stated that 07.04.2022 is the next date fixed in the appeal.
Looking into the facts and circumstances of the case, Respondent 3 is directed to dispose of the appeal mentioned above strictly in accordance with law expeditiously, on 07.04.2022 itself or within a maximum period of one month from the date a certified copy of this order is served upon him.
With the aforesaid observation, the writ petition stands finally disposed of.
Order Date :- 1.4.2022
Mahesh
(Ajai Kumar Srivastava-I) (Rakesh Srivastava,J.)