1 Neutral Citation No. - 2025:AHC:9019 Reserved on: 28.11.2024 Delivered on: 20.01.2025 Court No. - 72 Case :- CRIMINAL MISC. WRIT PETITION No. - 21055 of 2024 Petitioner :- Ramkumar Yadav Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Pramod Shukla Counsel for Respondent :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Pramod Shukla, the learned counsel for petitioner and the learned A.G.A. representing State respondents 1 to 3. 2. Perused the record. 3. Petitioner-Ramkumar Yadav has approached this Court by means of present writ petition under Article 226 of the Constitution of India with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:- 1. Issue, an appropriate writ, order or direction quashing the impugned order dated 4.11.2024 passed by the Commissioner, Meerut Division, Meerut in Case No. 2162/2024 (Computerized Case No. C202411000002162), Ramkumar Yadav vs State of U.P. and impugned order dated 4.09.2024 passed by the Additional District Magistrate (Administration), Bulandshahar in Case No. 1542/2024 (Computerized Case No. D202411170001542), State vs. Ramkumar Yadav registered under Section 3(1) of U.P. Control of Goondas Act, 1970. 2. Issue, an appropriate writ, order or direction in the nature of mandamus commanding commanding the respondents to withdraw the proceedings initiated 2 against the petitioner under U.P. Control of Goondas Act, 1970 pursuant to notice dated 9.04.2024 being letter no. 1578/Reader. 3. To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. 4. To award the costs in favour of the petitioner." 4. Record shows that respondent-3-Additional District Magistrate (Administration), District-Bulandshahar passed an order dated 04.09.2024 in Case No. 1542 of 2024 (State Vs. Ram Kumar), under Section 3(1) of the U.P. Control of Goondas Act, 1970, whereby externment for a period for six months was directed against petitioner. 5. Feeling aggrieved by the aforesaid order dated 04.09.2024, petitioner approached the Appellate Authority i.e. the Commissioner, Meerut Division, Meerut by filing an appeal under section 6 of U.P. Control of Goondas Act, 1970. Same was registered as Appeal No. 2162 of 2024 (Ram Kumar Yadav Vs. State of U.P.). Along with the memo of appeal, petitioner also filed an stay application dated 03.10.2024, seeking stay of the order dated 04.09.2024 during the pendency of appeal. 6. The Appellate Authority i.e. respondent-2 Commissioner, Meerut Division, Meerut, vide order dated 04.10.2024 rejected the stay application filed by petitioner in aforementioned appeal. The Appellate Authority concluded that the records have not been received. Furthermore, up to this stage, no such conclusive evidence or ground has emerged so as to warrant stay of the effect and operation of the order dated 04.09.2024 impugned in appeal. 7. Thus feeling aggrieved by the order dated 04.10.2024 passed by the Appellate Authority i.e. respondent-2 Commissioner, Meerut Division, Meerut, petitioner has now approached this Court by means of present writ petition under Article 226 of the Constitution of India. 8. Learned counsel for petitioner submits that the order impugned dated 04.10.2024 passed by the Appellate Authority i.e. respondent-2 3 Commissioner, Meerut Division, Meerut is manifestly illegal and arbitrary. The stay application filed by the petitioner in aforementioned appeal has been rejected on the vague finding that no conclusive evidence or ground has emerged so as to stay the effect and operation of the order dated 04.09.2024 passed by respondent-3-Additional District Magistrate (Administration), District-Bulandshahar during the pendency of appeal. The Appellate Authority has thus not delved into the facts and circumstances of the case. Admittedly, the order dated 04.09.2024 impugned in appeal has serious civil consequences inasmuch as, externment for a period of 6 months has been directed against petitioner. 9. Learned counsel for petitioner has then referred to the judgment of the Supreme Court in Mool Chand Yadav Vs. Raza Buland Sugar Co. Ltd, 1982 (3) SCC 484 and on basis thereof, he submits that the Appellate Authority i.e. respondent-2 Commissioner, Meerut Division, Meerut ought to have stayed the effect and operation of the order dated 04.09.2024 impugned in appeal during the pendency of appeal. As such, the Appellate Authority has not exercised it's jurisdiction diligently but in a casual and cavalier fashion. As such, the order impugned dated 04.10.2024 is liable to be quashed by this Court. 10. Per contra, the learned A.G.A. has opposed the present writ petition. He submits that order impugned dated 04.10.2024 is perfectly just and legal. Consequently, the same is not liable to be interfered with by this Court. Since the presence of petitioner within the territorial limit of District-Bulandshahar is detrimental for the society, therefore, no illegality can be attached to the order impugned. However, he could not dislodge the submissions urged by the learned counsel for petitioner as noted herein above and also the fact that the life of externent order is six months and the order was passed on 04.09.2024. As such, a period of more than 3 months has expired. 11. Having heard the the learned counsel for petitioner, the learned A.G.A. representing respondents 1 to 3 and upon perusal of record, this Court 4 finds that the stay application filed by petitioner in the appeal preferred by him against externment order dated 04.09.2024 has been rejected on the vague finding that no conclusive evidence or ground has emerged so as to stay the effect and operation of the order dated 04.09.2024. There is no basis in support of the aforesaid finding in the order impugned. The Appellate Authority has thus failed to consider that the life of externment order is six months and further the externment order has serious civil consequences. Therefore, in view of above and also the law laid down by the Apex Court in Mool Chand Yadav (Supra), the order impugned dated 04.10.2024 is unsustainable in law and fact. As a result, the same is liable to be quashed. 12. In view of the discussion made above, the present writ petition succeeds and is liable to be allowed. 13. It is, accordingly, allowed. 14. The order impugned dated 04.10.2024 passed by the Appellate Authority i.e. respondent-2 Commissioner, Meerut Division, Meerut in Appeal No. 2162 of 2024 (Ram Kumar Yadav Vs. State of U.P.), under Section 6 of the U.P. Control of Goondas Act, 1970 is hereby, quashed. The Appellate Authority shall decide the appeal filed by petitioner before him i.e. Appeal No. 2162 of 2024 (Ram Kumar Yadav Vs. State of U.P.), within a period of one month from the date of production of a certified copy of this order. It is further provided that the effect and operation of order dated 04.09.2024 passed by respondent-3-Additional District Magistrate (Administration), District-Bulandshahar in Case No. 1542 of 2024 (State Vs. Ram Kumar), under Section 3(1) of the U.P. Control of Goondas Act, 1970, impugned in aforesaid appeal, shall remain stayed till the disposal of appeal. 15. In the facts and circumstances of the case, the cost is made easy. Order Date :- 20.01.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad