Kishan Urf Krishna Mishra vs State Of U.P. And 2 Others

1. The instant writ petition under Article 226 of the Constitution of India has been filed for the following relief:-

"A. A. issue a writ, order or direction in the nature of mandamus direct the Commissioner, Gorakhpur Division, Gorakhpur/respondent no. 2 to decide the stay application dated 09.04.2026 filed in Appeal No.C202605000000691 (Kishan Urf Krishna Mishra Vs. District Magistrate, Kushinagar), Under Section 6 of the UP Control of Gunda Act pending before the Commissioner, Gorakhpur Region, Gorakhpur/respondent no. 2 within stipulated period as fixed by this Hon'ble Court.

B. issue, a writ, order or direction in the the nature of mandamus directing respondents not to give effect to the order dated 06.03.2026 passed by District Magistrate Kushinagar in Case No. 137 of 2022 (Computerized No. D202205440000137) (State Versus Kishan Urf Krishna Mishra) Under Section 3/4 of U.P. Control of Goondas Act, during pendency of Appeal No.C202605000000691 (Kishan Urf Krishna Mishra Vs. District Magistrate, Kushinagar), under SEction 6 of the U.P. Control of Goonda Act before the respondent no.2/Commissioner, Gorakhpur Region Gorakhpur."

2. Learned counsel for the petitioner submits that on the basis of four false cases, proceedings under Section 3/4 of the U.P. Control of Goondas Act, 1970 were initiated against the petitioner by the District Magistrate, Kushinagar, in which by order dated 06.03.2026 passed by the District Magistrate, Kushinagar, the petitioner has been externed for six months from the limits of District Kushinagar, which has been challenged by the petitioner by filing Appeal before the Commissioner, Gorakhpur Region Gorakhpur but neither the stay application nor the appeal has been decided as yet. Hence, a direction be issued to the appellate authority for deciding the stay application and the appeal, expeditiously.

3. I have heard learned counsel for the petitioner and perused the record.

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, Gorakhpur Region Gorakhpur is directed to decide the stay application in Appeal No C202605000000691 (Kishan Urf Krishna Mishra Vs. District Magistrate, Kushinagar), under Section 6 of the 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 06.03.2026 passed by the District Magistrate, Kushinagar in Case No.137 of 2022 (State Vs. Kishan Urf Krishna Mishra), 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.)

May 6, 2026

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