IMRANKHAN YASINKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution is filed for quashing and setting aside the impugned order dated 16.04.2018 passed by respondent no. 2, whereby it is ordered that the petitioner shall not enter the Ahmedabad city for a period of 24 months.

(2.) The facts in brief of the case are that the petitioner on account of alleged three offences of private dispute, the respondent authority has issued show cause notice dated 05.1.2018 calling upon the petitioner to explain as to why he should not be externed from the area. In response to the said show cause notice, a detailed written arguments has been tendered by the petitioner and has requested the authority to recall the notice. The respondent authority by virtue of order dated 16.04.2018 passed an order of externing the petitioner not to indulge into the activities from Ahmedabad City for a period of 24 months and it is this order, which has been made the subject matter of the present petition.

(3.) When the matter is taken up for hearing, learned advocate appearing for the petitioner has vehemently contended that here is a case in which the extreme exercise of power against the petitioner is based upon the private dispute of course three in numbers but are not in any way affecting the public at large.