KALAM ABDUL HANIF SHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner with a prayer to quash and set aside the impugned show cause notice vide MAG/Tadipar/Case no. 29 of 2017 dated 31.01.2018.

(2.) When the matter is taken up for hearing, learned advocate appearing for the petitioner has fairly conceded that this petition is filed for challenging the notice issued by the respondent authority under and till date, no order of externment is passed. It has also been contended that petitioner is an innocent and peace living person and, therefore, he has wrongly been proceeded with.

(3.) However, when it has been emerged from the record that undisputedly, no order is passed so far, this petition is not possible to be entertained, more particularly in view of the fact that statutory authorities, who are invested with the powers, should be allowed to take appropriate decision. No doubt, the petition can be entertained at a notice stage, however, looking to the stringent provisions which are contained under the statute, i.e. Bombay Police Act, this Court is of the opinion that competent authority must be allowed to take appropriate decision, as the explanation and reply of the petitioner yet to be considered by the authority.