HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- MISC. SINGLE No. - 6387 of 2011 Petitioner :- Subedar Singh Respondent :- Commissioner, Devi Patan Mandal, Gonda & Anr. Petitioner Counsel :- Shiv Pal Singh Respondent Counsel :- G.A. Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the order dated 20.5.2011 passed by District Magistrate, Bahraich under section 3(1) of U.P. Control of Goondas Act in case No. 285 of 2009 may be stayed during pendency of the appeal filed by the applicant in the court of learned Commissioner, Devi Patan Mandal, Gonda.
From the perusal of the record it appears that in the present case the the order of externment has been passed for a period of six months. the appeal has been filed by the applicant, but the record does not show whether it has been admitted or not. The statement of learned counsel for the appellant is that the court is vacant that is why no order has been on the appeal filed by the applicant.
Considering the facts, it is directed that during pendency of the above mentioned appeal the the operation of the order dated 20.5.2011 passed by District Magistrate, Bahraich shall be kept in abeyance. It is further directed that the appeal filed by the applicant shall be expedited without granting any unnecessary adjournment to either of the side.
With this direction is application is disposed of.
Order Date :- 21.10.2011 RPD