RAMJIBHAI POPATBHAI KASUNDRA PATEL Vs. S A ZIBA

JUDGEMENT

(1.) This writ petition under Art. 226 of the Constitution of India has been filed praying for a writ of certiorari quashing the externment order dated 2-6-1998, Annexure "B" passed by the respondent No. 1 and also for quashing the order dated 17-8-1998, Annexure "C" passed by the Appellate Athority, respondent No. 2.

(2.) The brief facts giving rise to this petition are that on 19-5-1998 a show-cause notice, Annexure "A" was given by the Externing Authority to the petitioner calling upon him to show cause why in view of his criminal and anti-social activities order tor externment be not passed against him. In response to the show-cause notice the petitioner appeared. He applied for adjournment which was refused. As such no reply in defence could be tendered by the petitioner. The Externing Authority after considering the material on record passed the order. Annexure "A", against the petitioner externing him from Jamnagar, Rajkot. Junagadh and Kachchh districts for a period of two years. The petitioner preferred an appeal against this order. The Appellate Authority did not consider it expedient 10 maintain the order against the petitioner for his externment. Instead the Appellate Authority directed the petitioner to file within 30 days a personal bond of Rs. 25, 000.00 and two sureties of the like amount. These two orders are under challenge in this writ petition.

(3.) The learned Counsel for the petitioner has challenged the impugned orders on four counts. From his arguments it appears that he is mainly aggrieved with the order of the Appellate Authority inasmuch as the externment order against the petitioner was not maintained by the Appellate Authority, rather, the Appellate Authority ordered the petitioner to furnish personal bond and two surety bonds in the sum of Rs. 25.000.00.