ASHOK ALIAS KALLU Vs. STATE OF UTARANCHAL

JUDGEMENT

(1.) BY means of this petition, the Petitioner has prayed to issue writ of certiorari quashing the judgment and order dated 7 -11 -2001 passed by Respondent No. 2 - Commissioner, Garhwal Mandal, Pauri Garhwal, Camp Dehradun; judgment and order dated 28 -9 -2001 passed by Respondent No. 3 - District Magistrate, Hardwar as well as notice dated 29 -3 -2001 issued by Respondent No. 3 - District Magistrate, Hardwar.

(2.) BRIEFLY stated, facts of the case are that on 29 -3 -2001, a show cause notice was issued to the Petitioner by Respondent No. 3 under Section 3(1) of U.P. Control of Goondas Act, 1970 (hereinafter to be referred as the Act) and Rule 4 of U.P. Control of Goondas Rules, 1970, whereby the Petitioner was directed to be present before Respondent No. 3 on 20 -4 -2001 at 10:00 A.M. and an application was also sought that why he be not removed for six months from the area of entire District Hardwar as per the provisions of Section 3(3)(a) of the Act. The Petitioner replied the said show cause notice on 11 -5 -2001 and he has stated in his reply that he is a reputed person of Hardwar and he never committed any crime nor he is a leader of gang indulged in the commission of criminal acts. It was also stated that he is always ready to fight against the problems of down trodden people of the society and the police has falsely implicated him. District Magistrate, Hardwar vide his judgment and order dated 28 -9 -2001 after considering the explanation given by the Petitioner and also considering the Chalani Report given by the Incharge Inspector, Police Station, Kotwali Hardwar dated 16 -2 -2001 showing nine cases against the Petitioner, declared the Petitioner as 'Goonda' and as such passed the impugned order whereby the Petitioner was removed for a period of six months from the area of District Hardwar. It was also directed that wherever the Petitioner would reside outside the area of Distt. Hardwar, he would give his attendance in the nearest police station. Being aggrieved by the said order dated 28 -9 -2001, the Petitioner preferred an appeal before Commissioner, Garhwal Mandal, Pauri Garhwal. The Petitioner thereafter also preferred a writ petition before this Court bearing Writ Petition (M/S) No. 5585/2001 which was disposed of by this Court on 30 -10 -2001 with the direction to the Commissioner, Garhwal Division, Pauri Garhwal to decide the appeal of the Petitioner by a speaking order within ten days after one day from the date of order passed by this Court i.e. 31 -10 -2001. It was also directed that it will be open for the Petitioner to raise rest of the points in the fresh writ petition, in case his appeal fails. In compliance of the order passed by this Court on 31 -10 -2001, the Commissioner, Garhwal Mandal decided the appeal of the Petitioner vide his judgment and order dated 7 -11 -2001 whereby the appeal preferred by the Petitioner was dismissed and order dated 28 -9 -2001 passed by District Magistrate, Hardwar was confirmed. Feeling aggrieved, the Petitioner has filed the present writ petition before this Court.

(3.) SRI Harish Pujari, learned Addl. G.A. for the State has submitted that as per judgment and order dated 28 -9 -2001 passed by District Magistrate, Hardwar which was confirmed by Commissioner, Garhwal Mandal, Pauri Garshwal, Camp Dehradun vide his judgment and order dated 7 -11 -2001, the Petitioner was directed to be removed for a period of six months from the area of District Hardwar and now that period has been expired and as such this petition has been rendered infructuous because the judgment and orders dated 28 -9 -2001 and 7 -11 -2001 have been executed.