Hafiz Zahari @ Niyaz Waris vs State Of U.P Thru Collector/D.M. ...
2015 Latest Caselaw 889 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- MISC. SINGLE No. - 3312 of 2015
 

 
Petitioner :- Hafiz Zahari @ Niyaz Waris
 
Respondent :- State Of U.P Thru Collector/D.M. Barabanki & Anr
 
Counsel for Petitioner :- Umesh Chandra Pandey
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Shashi Kant,J.

Heard Sri Umesh Chandra Pandey, learned counsel for the petitioner and learned A.G.A. for the State of U.P.

From the perusal of the record, the impugned order dated 28.01.2015 passed by District Magistrate, Barabanki and impugned order dated 28.05.2015 passed by Commissioner, Faizabad Division, Faizabad appear that vide order dated 28.01.2015, annexed as annexure -1 to the writ petition, the petitioner was directed to live in District Barabanki for six months and the above order was challenged by means of an appeal and the appeal was also dismissed vide order dated 28.05.2015 which is annexed as Annexure-2 to the writ petition.

Learned counsel for the petitioner submits that passing of an interim order is necessary in this writ petition because if no interim order will be passed, this writ petition becomes infructuous on 28.06.2015.

Learned A.G.A. submits that as the impugned order has been affirmed by the appellate order and effect of that order will be expired on 28.06.2015, there is no need to pass any interim order in this writ petition.

Considering the rival submissions made by the learned counsel for the parties, I am of the view that Stay application may be heard along with the lower court's record.

Summon the lower court's record within a week from today.

List on 23rd June, 2015 as fresh. In the meanwhile, learned A.G.A. may also seek instructions in respect of Stay application and writ petition.

Order Date :- 11.6.2015

Monika