Ram Naresh vs State of U.P. and Others

R.R.K. Trivedi and M.C. Jain, JJ.—Heard learned Counsel for the Petitioner and learned A.G.A.

This petition has been filed challenging the order dated July 26, 1999 (Annexure-1 to the writ petition) passed u/s 3 of the U.P. Control of Goondas Act, under which the Petitioner has been extended from district for a period of six months by order of the Magistrate. Learned Counsel for the Petitioner has submitted that Petitioner has filed appeal before the Commissioner against the impugned order on 6.8.1999 in which October 7, 1999 has been fixed for admission and consideration of application for interim relief.

Learned Counsel for the Petitioner has submitted that about half of the period of externment has expired. It has also been submitted that the appellate authority generally do not grant stay and take much time in deciding the appeal generally after the period expires.

Hon''ble Supreme Court in the case of S.S. Rathore Vs. State of Madhya Pradesh, , has already held that such appeals/revisions arising out of the orders passed by the administrative authorities should be decided expeditiously within a period of three months. Considering the facts and circumstances of the case, the submission of learned Counsel for the Petitioner and the case law referred to above, we are of the opinion that having regard to the period of externment, the appellate authority should have fixed an earlier date and fixing of date after two months for admission and consideration of application for stay, on face of it, appears to be arbitrary.

acquitted.