DILIPSINH JETUBHAI VEGHELA 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 order dated 29.6.2017 passed by respondent no. 2 and also the order passed by respondent no.1 dated 8.2.2018 in Externment Appeal No.109 of 2017, 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(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 three cases are relied upon which has been lodged before the Harij Police Station being Prohibition C.R No.113/13 and 128/15 and another Prohibition CR No.5203/16 before Thara Police Station. Now on the basis of these three 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 has replied before the authority raising several contentions, but ultimately vide order dated 29.6.2017, an order of externment came to be passed whereby the petitioner is ordered to be externed from the limits of Banaskantha, Kutch-Bhuj, Patan, Mehsana and Sabarkantha 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. 109 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 20.4.2018, the Court has issued rule and granted interim protection with respect to the areas which are mentioned in the order. With this background, the petition has come up for consideration before this Court.