GOVINDA DASHRATH SONAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, heard fnally at the stage of admission.

(2.) In Criminal Writ Petition No. 1363 of 2021 the petitioner is challenging the order dtd. 27/5/2021 which is common to both the petitioners, and the order dated 12.082021 passed by the Divisional Commissioner, Nashik Division, Nashik in Externment Appeal No. 60/2021. Similarly, in Criminal Writ Petition No. 1364 of 2021 the petitioner therein is challenging the same order dtd. 27/5/2021 passed by Superintendent of Police, Dhule i.e. respondent No. 3 and also the order dtd. 12/8/2021 passed in Externment Appeal No. 61/2021 by Divisional Commissioner, Nashik i.e. respondent No. 2.

(3.) It appears that both the petitioners are real brothers and the notice dtd. 11/1/2021 mentioning that the petitioners are required to be externed from Dhule, Jalgaon, Nandurbar, Ahmednagar and Nashik districts for the period of two years is issued against them. Further, notices dtd. 9/3/2021 issued to the petitioners calling their explanation as to why they should not externed from Dhule district for the period of two years are also sent to the petitioners separately. However, in respect of the said notice respondent No.3 in both the petitions has passed common order dtd. 27/5/2021 in Externment Case No.55/Ext./1219/2021. The petitioners in both the petitions then fled separate appeals against that order bearing Appeal No.60/2021 and Appeal No. 61/2021 respectively before respondent No. 2 in both the petitions. Since the main order of externment is common for both the petitions and it relates to the offences committed by the gang of both the petitioners, we fnd it appropriate to dispose of these petitions by common judgment.