1 2025:CGHC:18171 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1796 of 2025 Gopu Pandey Urf Prakash Pandey S/o Rakesh Pandey Aged About 27 Years R/o Brahman Mohaola, Purani Basti, Korba, Tehsil And District Korba Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Ministry of Home Affairs, Mantralaya, Mahanadi Bhavan, Capital Complex, Nawa Raipur (Atal Nagar), Raipur Chhattisgarh. 2 - The Secretary Ministry of Home Affairs, Mantralaya, Mahanadi Bhavan, Capital Complex, Nawa Raipur (Atal Nagar), Raipur Chhattisgarh. 3 - District Magistrate Korba, District Korba Chhattisgarh. 4 - Superintendent of Police Korba, District Korba Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ankur Agrawal, Advocate For Respondents-State : Mr. Praveen Das, Deputy Advocate General Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 22.04.2025 1. Heard Mr. Ankur Agrawal, learned counsel for the petitioner and Mr. Praveen Das, learned Deputy Advocate General, appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.04.23 16:35:03 +0530 2 2. By the present writ petition, the petitioner has prayed for following relief(s):- “10.1 A writ and/or an order in the nature of writ of mandamus do issue calling the relevant records from the court below pertaining to the case of the petitioner for its kind perusal. 10.2 A writ and/or an order in the nature of appropriate writ do issue direction to the respondent authorities to quash the order dated 27.02.2025 and decide the petitioner's appeal on merits by affording opportunity of hearing to the petitioner. 10.3 Cost of the proceedings. 10.4 Any other writs and directions that may be deemed fit and just in the facts & circumstances of case.” 3. Learned counsel for the petitioner submits that an order of externment has been passed by the respondent No.2 vide its order dated 27.02.2025, which has been challenged by the State Government, however, the State Government has declined to pass any order on merits as the application has been filed at belated stage and the reasons for the delay has not been explained. As such, he prayed that a direction be issued to the respondent authorities to decide his application at the short span. 4. On the other hand, learned State counsel opposes the submissions made by learned counsel for the petitioner and 3 submits that at least reasons have been assigned and separate application for condonation of delay has to be filed by the petitioner. 5. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 6. Considering the facts and circumstances of the case, particularly the fact that there is provision to excuse the days on which the certified copy is obtained, the Additional Chief Secretary, Home Department, Government of Chhattisgarh, is directed to reconsider the case of the petitioner and to pass order on merits of the case. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. The petitioner is directed to appear before the Additional Chief Secretary, Home Department, Government of Chhattisgarh on 12.05.2025 and the concerned Additional Chief Secretary is directed to decide the application so filed by the petitioner on or before 20.05.2025 in accordance with law after giving due opportunity of hearing to the petitioner. 9. With the aforesaid observations/directions, instant writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Yogesh