GORAKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. By consent, heard finally.

(2.) The petitioner has filed an appeal under section 60 of the Bombay Police Act, challenging the order of externment, as passed by the Sub Divisional Magistrate, Ahmednagar. Along with the appeal, the petitioner has also filed an application for stay of the impugned order. This application for stay has been filed on 31.10.2013. The grievance of the petitioner is that the appellate authority has still not decided the application for stay.

(3.) Mr. N.V. Gaware, the learned counsel for the petitioner submits that not deciding the application for stay, in effect, amounts to rejection of the petitioner s application for stay without considering the merits thereof. I find substance in this contention advanced by the learned counsel.