VIJAY @ LAMBU KATWARU JAYSWAL 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 09.03.2018 passed by respondent no.2, whereby it is ordered that the petitioner shall not enter the limits of Surat (Rural), Navsari and Tapi Districts, for a period of one year.

(2.) The facts in brief of the case are that the petitioner on account of alleged offences, the respondent authority has issued show cause notice dated 25.06.2017 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, the petitioner appeared and requested the authority to recall the notice. The respondent authority by virtue of order dated 09.03.2018 passed an order of externing the petitioner not to indulge into the activities from Surat (Rural), Navsari and Tapi for a period of one year 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 past dispute but are not in any way affecting the public at large.