Allahabad High Court
ANAND KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that it cannot interfere with the order pending the appeal but can direct the appellate authority to decide the appeal promptly and stay the order until such disposal.
Summary
Anand Kumar was declared a "goonda" and externed for six months by the District Magistrate, Auraiya, under Section 6 of the Uttar Pradesh Control of Goondas Act, based on two criminal cases. He appealed the order to the Commissioner, Kanpur Division, and sought a stay of the order, which was rejected by the Commissioner on 23.03.2026. The petitioner filed a writ petition under Article 226 seeking certiorari to quash the order and mandamus to stay its operation pending the appeal. The High Court held that, because the appeal is still pending, it could not pass upon the legality of the impugned order but could direct the appellate authority to decide the appeal expeditiously and stay the order until disposal. Accordingly, the petition was disposed with a direction to the Commissioner to decide the appeal within two months and the order dated 10.02.2026 was stayed pending the appeal's disposal.
Issues considered
- Whether the High Court can entertain a writ of certiorari challenging the District Magistrate's order under Section 6 of the Uttar Pradesh Control of Goondas Act while an appeal is pending.
- Whether a stay of the order and mandamus directing the appellate authority to decide the appeal expeditiously are appropriate under Article 226.
Legislation cited
- Constitution of India — s. Article 226
- Uttar Pradesh Control of Goondas Act, 1970 — s. 3(1), 6
Subjects
- Goonda law
- Uttar Pradesh Control of Goondas Act
- stay of order
- appeal pending
- certiorari
- mandamus
- Article 226
- high court writ jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10179 of 2026
Anand Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Agnivesh, Jadu Nandan Yadav
Counsel for Respondent(s) : G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
The instant writ petition under Article 226 of the Constitution of India has
been filed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned
order dated 23.03.2026 passed by respondent no.2 rejecting stay application in
Appeal/Case No.377 of 2026 (Anand Kumar Vs. District Magistrate, Auraiya) under
Section 6 UP. Control of Goondas Act, 1970 (Annexure no.1 to this writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus staying the effect and
operation of the order dated 10.02.2026 passed by respondent no.3 till the disposal of
Appeal/Case No.377 of 2026 "Computerized Case No. C202603000000377" (Anand
Kumar Vs. District Magistrate, Auraiya)."
Learned counsel for the petitioner submits that only on the basis of two
criminal cases, proceedings under Section 3(1) of the U.P. Control of
Goondas Act, 1970 were initiated against the petitioner. By order dated
10.02.2026 passed by the District Magistrate, Auraiya, the petitioner was
externed for six months from the limits of District Auraiya. Against this
order, the petitioner filed an appeal before the Commissioner, Kanpur
Division, Kanpur, in which a stay application was also moved but was
rejected on 23.03.2026. The appeal, however, has not yet been decided by
the appellate authority. The petitioner seeks a direction for the appellate
authority to decide the appeal expeditiously and for a stay of the
implementation of the impugned order dated 10.02.2026 in the meantime.
I have heard the learned counsel for the petitioner and perused the record.
It is evident that merely on the basis of two criminal cases, the petitioner has
CRLP No. 10179 of 2026
2
been declared a "Goonda" by the District Magistrate, Auraiya, by the
impugned order dated 10.02.2026. The petitioner has challenged this order
by filing an appeal before the Commissioner, Kanpur Division, Kanpur,
which is still pending adjudication. The stay application preferred by the
petitioner was dismissed by the impugned order dated 23.03.2026.
Since the petitioner's appeal is still pending, it is not appropriate for this
Court to express any opinion regarding the legality of the impugned order.
In view of the above, it is appropriate to direct the appellate authority to
decide the petitioner's appeal expeditiously.
Accordingly, this writ petition is disposed of with a direction to the
Commissioner, Kanpur Division, Kanpur, to decide Appeal No. 377 of 2026
(Computerized Case No. C202603000000377, Anand Kumar vs. District
Magistrate, Auraiya, under Section 6 of the Uttar Pradesh Control of
Goondas Act, 1970) within a period of two months from the date of
production of the certified copy of this order. Till the disposal of the appeal,
the operation and effect of the order dated 10.02.2026 shall remain stayed.
(Sandeep Jain,J.)
May 5, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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