LAWS(BOM)-2013-9-180

MOHAMMED ZAMAN HIDAYATULLA KHAN Vs. VINEET AGARWAL

Decided On September 24, 2013
Mohammed Zaman Hidayatulla Khan Appellant
V/S
Vineet Agarwal Respondents

JUDGEMENT

(1.) Rule. Mr. Saste, Learned APP, waives service on behalf of the Respondents. By consent, Rule made returnable forthwith, and petition taken up for hearing and final disposal.

(2.) By this Writ Petition under Article 226 of the Constitution of India, the Petitioner impugns (i) an Externment Order dated 30th March 2013 No. 38/C/43/2013 issued by the Respondent No. 2 externing the Petitioner from the limits of Brihan Mumbai, Navi Mumbai and Thane for the period of one year; and (ii) an Appellate Order dated 17th June, 2013 passed by the Respondent No. 1 confirming the Externment Order.

(3.) On 11th January, 2013 the Petitioner was served with the show cause notice issued by the Respondent No. 3, the Assistant Commissioner of Police, Pydhonie Division, Mumbai, under Section 59 of the Bombay Police Act, 1951, calling upon the Petitioner to show-cause why he should not be externed from the limits of Brihan Mumbai, Navi Mumbai and Thane for a period of two years. The Respondent No. 2 passed the impugned Externment Order on 30th March, 2013. The Petitioner carried the matter in Appeal. The Appeal was dismissed by the Respondent No. 1 on 17th June, 2013.