AKSHAY ANILBHAI PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of rule on behalf of the respondent - State. With the consent of the parties, the matter is taken up for final hearing today itself. The present petition under Articles 226 and 227 of the Constitution of India is filed for quashing and setting aside the order dated 23.01.2017 passed by respondent No. 3 and also the order passed by respondent No. 2, whereby the appeal was rejected.

(2.) The short facts of the case are that the petitioner is served with the show cause notice under Section 59 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 solitary case is relied upon which has been lodged before the Udhna Police Station being C.R, No. I104 of 2016. Now on the basis of this solitary offence, 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 has replied before the authority raising several contentions, but ultimately vide order dated 23.01.2017, an order of externment came to be passed whereby the petitioner is ordered to be externed from the limits of Surat City, Surat Rural, Bharuch, Narmada, Tapi, Navsari and Valsad Districts for a period of two years. This order is challenged by the petitioner by way of appeal before the appellate authority under Section 60 of the Gujarat Police Act which was registered as Externment Appeal No. 45 of 2017. The appellate authority has also reiterated the very same decision and appeal was dismissed, which has ultimately resulted into filing of the present petition under Articles 226 and 227 of the Constitution of India.

(3.) On the basis of the aforesaid chronology of events, the petitioner has approached this Court by way of present petition in which on 09.08.2018, the Court has issued notice and the adinterim protection which was granted vide order dated 26.04.2018 with respect to the areas which are mentioned in the order was continued. With this background, the petition has come up for consideration before this Court.