VIKAS DILIPBHAI VAGHADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed for quashing and setting aside the order dated 27.3.2018 passed by respondent no.3, whereby it is ordered that the petitioner shall not enter the limits of Ahmedabad city, Ahmedabad Rural, Kheda, Mehsana and Gandhinagar districts, for a period of two years.

(2.) The short facts of the case are that the petitioner is served with the show cause notice under Section 59(1) of the Gujarat Police Act, 1951 indicating that why the petitioner should not be externed from the areas as reflected in the notice and for the purpose of issuing notice two cases are relied upon which has been lodged before the Sardarnagar and Shahibaug Police Stations, Ahmedabad city being I-C.R No. 10/17 and II-CR No. 3035/17. Now on the basis of these two offences, the petitioner is called upon to show cause as to why he should not be externed from the said areas. 2. 2. After the service of show cause notice, the petitioner appeared before the authority raising several contentions, but ultimately vide order dated 27.3.2018, an order of externment came to be passed whereby the petitioner is ordered to be externed from the limits of Ahmedabad city, Ahmedabad Rural, Kheda, Mehsana, and Gandhingar Districts for a period of two years. It is this order which is made the subject matter of present petition.

(3.) On the basis of the aforesaid chronology of events, the petitioner has approached this Court by way of present petition in which on 24.7.2018, the Court has issued notice. With this background, the petition has come up for consideration before this Court.