PRAKASH KALLIDAS MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India is filed for quashing and setting aside the impugned order dated 04.05.2017 passed by respondent no. 2, whereby the authority has externed the petitioner from the limits of Vadodara City, Vadodara Rural and Districts of Panchmahals, Anand, Chhotaudaipur, and Bharuch for a period of one year.

(2.) The case of the petitioner is that pursuant to three offences registered in the year 2016, the petitioner is served with the show cause notice under Section 59 of the Gujarat Police Act indicating to show cause as to why the petitioner should not be externed from the limits of Vadodara City, Vadodara Rural and the Districts of Panchmahals, Anand, Chhotaudaipur and Bharuch for a period of one year. It is the case of the petitioner that with respect to these offences which are made the foundation of exercise of externment, is the offence of the year 2016. It is further the case of the petitioner that with respect to these offences registered in the year 2016, the subjective satisfaction which has been arrived is vitiated on account of non-application of mind. The authority without considering the explanation of the petitioner, has straightway passed the order of externment on 04.05.2017 and it is this order which is made the subject matter of the petition under Article 226 of the Constitution of India.

(3.) This Court while entertaining the petition was pleased to admit the petition on 25.07.2017 and stayed the order of externment. Thereafter pursuant to the completion of the pleadings which has been made by the respective parties, the matter has come up for consideration finally before this Court.