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Allahabad High Court

DHARMESH NISHADversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The High Court stayed the externment order and directed the Divisional Commissioner to dispose of the stay application expeditiously.

Summary

The petitioner, Dharmesh Nishad, filed a reply under Section 3(1) of the U.P. Control of Goondas Act, 1970 to a notice dated 10 April 2026. The authority (respondent 3) subsequently ordered his externment from the boundaries of District Basti for six months on 15 June 2026. Aggrieved, the petitioner appealed before the Divisional Commissioner, Basti Division, and also filed a stay application, which remained pending. The High Court directed the Divisional Commissioner to dispose of the stay application within two weeks and stayed the externment order pending that disposal. Consequently, the writ petition was disposed of by the Court.

Issues considered

  • Whether the order of externment issued under Section 3(1) of the U.P. Control of Goondas Act, 1970 can be stayed pending the petitioner's appeal and stay application

Legislation cited

Subjects

  • externment
  • Control of Goondas Act
  • stay of order
  • writ petition
  • appeal
  • high court

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD

 CRIMINAL MISC. WRIT PETITION No. - 18578 of 2026

Dharmesh Nishad
                                             .....Petitioner(s)
                          Versus
State Of U.P. And 2 Others
                                             .....Respondent(s)

Counsel for Petitioner(s)        :   Vipin Kumar Dwivedi
Counsel for Respondent(s)        :   G.A.

Court No. - 47
                 HON'BLE RAJIV GUPTA, J.


1. Heard learned counsel for the petitioner, learned A.G.A.
for the State and perused the record.

2. Learned counsel for the petitioner submits that pursuant
to the notice dated 10.04.2026, the petitioner submitted his
reply under Section 3(1) of the U.P. Control of Goondas
Act, 1970. After considering the reply submitted by the
petitioner, respondent no. 3 passed a detailed order dated
15.06.2026, whereby the petitioner has been externed from
the boundaries of District Basti for a period of six months.

3. Being aggrieved by the said order dated 15.06.2026, the
petitioner preferred an appeal before the Commissioner,
Basti Division, Basti, along with a stay application. It is
submitted that although the said appeal has already been
admitted however, the stay application is still pending
disposal.

4. In view of the aforesaid facts and circumstances,
respondent no. 2, the Divisional Commissioner, Basti
Division, Basti, is directed to consider and dispose of the
stay application preferred by the petitioner, in accordance
with law, expeditiously, preferably within a period of two
weeks from the date of production of a certified copy of this
order.
                                                                                     CRLP No. 18578 of 2026
                                                               2


                                        5. Till the disposal of the aforesaid stay application, the
                                        effect and operation of the order dated 15.06.2026 passed
                                        in Case No. 916 of 2026 shall remain stayed.

                                        6. With the aforesaid observations and directions, the writ
                                        petition stands disposed of.

                                        September 21,
                                        2026
                                        S. Singh          (Devendra Singh-I,J.) (Rajiv Gupta,J.)




Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad


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