Allahabad High Court
PRATHAM SHARMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The High Court may issue mandamus directing the Commissioner to decide the pending appeal and stay application within a reasonable time and stay the operation of the externment order until such disposal.
Summary
Petitioner Pratham Sharma filed a writ petition under Article 226 seeking a mandamus directing the Commissioner, Meerut Division, to decide his pending appeal (No. 2210/2026) and stay application under Section 6 of the U.P. Control of Goondas Act, 1970, and to restrain any coercive action arising from an externment order dated 29.08.2026 passed under Sections 3/4 of the same Act. The petitioner argued that the appeal and stay application had not been heard, while the respondent’s A.G.A. claimed the petitioner was a habitual offender with four cases registered against him. The Court held that it could not examine the merits of the impugned order while the appeal was pending, but could issue mandamus to ensure speedy disposal of the appeal and stay application. Accordingly, the Court directed the Commissioner to decide the stay application within one month and the appeal within two months, and stayed the operation of the externment order pending their disposal. The writ petition was thereafter disposed.
Issues considered
- Whether the High Court can issue a mandamus directing the Commissioner to decide a pending appeal and stay application under Section 6 of the U.P. Control of Goondas Act, 1970.
- Whether the operation of an externment order under Sections 3/4 of the U.P. Control of Goondas Act can be stayed pending disposal of the appeal and stay application.
- Whether the High Court can entertain the writ petition despite the pendency of the appeal before the Commissioner.
Legislation cited
- U.P. Control of Goondas Act, 1970 — s. 3, 4, 6
Subjects
- writ petition
- mandamus
- Section 6
- externment
- stay order
- U.P. Control of Goondas Act
- Article 226
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23105 of 2026
Pratham Sharma
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pradhumn Kumar Pandey
Counsel for Respondent(s) :
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 the respondent
no. 2, Commissioner, Meerut Division, Meerut, to decide Appeal No. 2210/2026
(Pratham Sharma vs. the State of U.P.), under Section 6 of the U.P. Control of
Goondas Act, 1970, pending in the Court of Commissioner, Meerut Division, Meerut,
as expeditiously as possible.
II. Issue a writ, order or direction in the nature of mandamus directing the respondent
nos. 2 and 3 not to take any coercive action against the petitioner in pursuance of
externment order dated 29.08.2026 passed by respondent no.3, Additional District
Magistrate (City), Meerut, in Case No.460/2026 (State of U.P. vs. Pratham Sharma)
under Section 3/4 of the U.P. Control of Goondas Act, 1970, during the pendency of
the Appeal Number 2210/2026 (Pratham Sharma vs. the State of U.P.) under Section
6 of the U.P. Control of Goondas Act, 1970, pending in the Court of Commissioner,
Meerut Division, Meerut."
2. Learned counsel for the petitioner submits that on the basis of four
cases, proceedings under Section 3/4 of the U.P. Control of Goondas Act,
1970 were initiated against the petitioner and by order dated 29.08.2026
passed by the Additional District Magistrate (City), Meerut, the petitioner
has been externed for six months from the limits of District Meerut,
which has been challenged by the petitioner by filing Appeal No.2210 of
2026 (Pratham Sharma vs. State of U.P.), under Section 6 of U.P. Control
of Goondas Act, 1970, in which a stay application has also been moved
CRLP No. 23105 of 2026
2
but neither the stay application nor the appeal has been decided by the
Commissioner, Meerut Division, Meerut. Learned counsel for the
petitioner further submits that till the disposal of the appeal, operation of
the impugned order dated 29.08.2026 may be stayed and a further
direction may be issued to the appellate authority to decide the
appeal/stay application expeditiously.
3. Learned A.G.A. submits that as per instructions received by him, at
present four 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, Meerut Division, Meerut
is directed to decide the stay application in Appeal No.2210 of 2026
(Pratham Sharma vs. State of U.P.), under Section 6 of 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 29.08.2026 passed by
the Additional District Magistrate (City), Meerut in Case No.460 of 2026
(Computerized Case No.D202611520000460), State vs. Pratham Sharma,
under section 3/4 of U.P. Control of Goondas Act, 1970, shall remain
stayed.
8. Accordingly, the instant writ petition is disposed of.
(Sandeep Jain,J.)
September 23, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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