Hasmat Ali vs State of Uttarakhand

MANOJ K. TIWARI, J. (ORAL)

Petitioner is aggrieved by order of externment dated 18.06.2015 passed by District Magistrate, Nainital, under Section 3 of the Uttar Pradesh

Control of Goondas Act, 1970 and order dated 28.06.2017 passed by learned Commissioner, Kumaon Division, Nainital in appeal filed under Section 6

of the said Act.

Learned counsel for the petitioner submits that order passed by learned District Magistrate, Nainital has serious civil consequences to the petitioner,

however, his appeal against said order has been dismissed by learned Commissioner only on the ground that District Magistrate’s order was

operative only for six months and since this period has expired, therefore, there is no reason to interfere in the appeal.

Learned counsel for the petitioner further submits that petitioner challenged the order of District Magistrate, Nainital by filing appeal, well within

period of limitation, therefore, the delay, if any, can not be attributed to the petitioner and learned Commissioner ought to have decided the appeal on

merits.

There is some substance in the submission made by learned counsel for the petitioner.

In such view of the matter impugned order dated 28.06.2017 passed by learned Commissioner Kumaon Division, Nainital is hereby set aside.

Accordingly, the writ petition is allowed. The matter is remitted back to learned Commissioner for taking decision on petitioner’s appeal afresh, on

merits.