- (1.) HEARD learned Coun sel for the petitioner and learned AGA.
(2.) THIS petition has been filed chal lenging the order dated 26th July 1999 (Annexure 1 to the writ petition) passed under Section 3 of the U. P. Control of Goondas Act, under which the petitioner has been externed from district for a period of six months by order of the Magistrate. Learned Counsel for the petitioner has submitted that petitioner has filed appeal before the Commissioner against the impugned order on 6-8-1999 in which 7th October, 1999 has been fixed for admission and consideration of applica tion for interim relief. Learned Counsel for the petitioner has submitted that about half of the period of externment has expired. It had also been submitted that the appellate authority generally do not grant stay and take much time in deciding the appeal generally after the period expires. Hon'ble Supreme Court in the case of 5. 5. Rathore v. State of M. R, AIR 1990 SC 10, has already held that such ap peals/revisions arising out of the orders passed by the administrative authorities should be decided expeditiously within a period of three months. Considering the facts and circumstances of the case, the submission of learned Counsel for the petitioner and the case law referred to above, we are of the opinion that having regard to the period of externment the appellate authority should have fixed an earlier date and fixing of date after two months for admission and consideration of applications for stay, on face of it, ap pears to be arbitrary. It could be avoided. Application for interim order should be heard and decided at the earliest. We hope such practice shall not be adopted in fu ture.
(3.) WE dispose of this petition finally with the direction to Respondent No. 2, the Commissioner Chitrakoot Dham Division, Banda to decide the appeal filed by the petitioner within two weeks from the date of production of certified copy of this order before him. Petition disposed of. .;