HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21514 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J. 1. The instant writ petition under Article 226 of the Constitution of India has been filed for the following relief:- " (i) Issue a writ, order or direction in the nature of mandamus directing Respondent No.2/Commissioner, Gorakhpur Division, Gorakhpur, to decide the Appeal No.1623 of 2026 (Computerized Case No.C202605000001623), Jaychandra Yadav Vs. Additional District Magistrate(Judicial), Mahrajganj, under Section 6 UP Control of Goondas Act,1970, filed by the petitioner herein, expeditiously within certain stipulated time as fixed by this Hon'ble Court and till disposal of the stay application/appeal, stay the operation and effect of the externment order dated 22.06.2026 passed by Respondent No.3/Additional District Magistrate(Judicial), Mahrajganj in Case No.135 of 2026 (Computerized Case No.D202605470000135) (State Vs. Jaychandra Yadav) under Section 3/4 of the UP Control of Goondas Act,1970, PS Nautanwa, District Mahrajganj, whereas directing externment of petitioner for a period of six months." 2. Learned counsel for the petitioner submits that merely on the basis of three cases, proceedings under Section 3/4 of the U.P. Control of Goondas Act, 1970 were initiated against the petitioner and by order dated 22.06.2026 passed by the Additional District Magistrate(Judicial), Mahrajganj, the petitioner has been externed for six months from the limits of District Mahrajganj, which has been challenged by the petitioner by filing Appeal No.1623 of 2026 (Computerized Case No.C202605000001623), Jaychandra Yadav Vs. Additional District Magistrate(Judicial), Mahrajganj, under Section 6 of U.P. Control of Versus Counsel for Petitioner(s) : Pradeep Kumar Chaurasia Counsel for Respondent(s) : G.A. Jaychand Yadav .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s) Goondas Act, 1970, in which a stay application has also been moved but neither the stay application nor the appeal has been decided by the Commissioner, Gorakhpur Division, Gorakhpur. Learned counsel for the petitioner further submitted that till the disposal of the appeal/stay application, the operation of the impugned order dated 22.06.2026 be stayed. 3. Learned A.G.A. submits that as per instructions received by him, at present three cases are registered against the petitioner, which shows that he is a habitual offender. 4. It is apparent that since the appeal preferred by the petitioner under Section 6 of the Act, 1970, is pending before the competent authority, as such, this Court cannot examine the impugned order on merits. 5. In view of this, it would be appropriate that a direction be given to the appellate authority to decide the appeal as well as stay application expeditiously. 6. In view of the above facts, the Commissioner, Gorakhpur Division, Gorakhpur is directed to decide the stay application in Appeal No.1623 of 2026 (Computerized Case No.C202605000001623), Jaychandra Yadav Vs. Additional District Magistrate(Judicial), Mahrajganj, under Section 6 of the U.P. Control of Goondas Act, 1970, within a period of one month and the appeal within a period of two months from the date of production of certified copy of this order. 7. Till the disposal of the stay application or the appeal, whichever is earlier, the operation of the impugned order dated 22.06.2026 passed by the Additional District Magistrate(Judicial), Mahrajganj, in Case No.135 of 2026 (Computerized Case No.D202605470000135) (State vs. Jaychandra Yadav) under Section 3/4 of the UP Control of Goondas Act, 1970, shall remain stayed. 8. Accordingly, the instant writ petition is disposed of. September 9, 2026 Jitendra CRLP No. 21514 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad