LAWS(ALL)-2004-2-13

SHANKAR JI SHUKLA SRI MATUK NATH SHUKLA Vs. AYUKT UPPER ZILA MAGISTRATE PRASHASAN VARISHTHA POLICE ADHIKSHAK

Decided On February 06, 2004
SHANKAR JI SHUKLA, SRI MATUK NATH SHUKLA Appellant
V/S
AYUKT, UPPER ZILA MAGISTRATE (PRASHASAN), VARISHTHA POLICE ADHIKSHAK Respondents

JUDGEMENT

(1.) By means of this writ petition filed under Article 226 of the Constitution of India, the petitioner has sought quashing of the orders dated 15.9.98 and 30.4.98 (Annexure Nos. 7to the writ petition) passed by the Commissioner, Allahabad Division, Allahabad and Additional District Magistrate (Administration), Allahabad. U.P. under Section 3(3) of the U.P. Control of Goondas Act, 1970 (Briefly, the Act).

(2.) By the impugned order dated 30.4.98 passed by Additional District Magistrate(Administration), Allahabad, respondent No. 2, an order of externment was passed externing the petitioner for a period of six months. Against the order passed by respondent No. 2, the petitioner filed an appeal before the Commissioner, Allahabad Division, Allahabad, respondent No. 1. The respondent No. 1 finding no illegality in the order passed by respondent No. 2 dismissed the appeal filed by the petitioner by his order dated 15.9.78.

(3.) Heard Sri Daya Shankar Misra, learned counsel for the petitioner and Sri A.N. Misra learned A.G.A. for the respondents.