KHUDABAX DAVALSAD KAMTIKAR Vs. SUB-DIVISION MAGISTRATE SOLAPUR

JUDGEMENT

(1.) The petitioner challenges the Order of Externment dated 26th August, 1986, passed by the Sub-Divisional Magistrate, Solapur Division, Solapur.

(2.) Shri Katikar, the learned Advocate appearing for the petitioner, contended that the petitioner is a law abiding citizen and that he is actually doing business and as such, the allegations made are totally false and the order is passed mala fide. Shri Katikar further contended that in the notice purporting to be under section 59 issued by the Sub-Divisional Police Officer, Solapur City, only two pending cases, namely, 246/79 and 158/85, are mentioned, the third being proceedings under section 110 whereas in the notice dated 9th May, 1986, issued under section 59 by the Sub-Divisional Magistrate, Solapur Division, Solapur, several general allegations are made. In the final Order of Externment, the Externing Authority mentioned that since the last five years the petitioner has committed several acts mentioned in sub-paras (a) and (b) of para 1 of the said order. If the notice under section 59 and the Order of Externment under section 56 are considered, there is great variance.

(3.) Shri Gangakhedkar, the learned Public Prosecutor, contended that there is nothing wrong with the notice under section 59 and the order under section 56 and the Externment Order is lawful and proper.