NARENDRA PARSHURAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent heard both sides for final disposal.

(2.) The proceeding is filed for the relief of compensation in respect of action of the respondents by which the petitioners were prevented from entering their native place viz. Nandurbar city for the period 16-9-2018 to 23-9-2018.

(3.) It is the case of the petitioners that they are social workers and due to their activities, the respondents, particularly the police officers, have developed grudge against them. It is contended that as against petitioner No.1, out of that grudge, externment proceeding was started under section 59 of the Maharashtra Police Act in the year 2017 but after considering the explanation given by petitioner No.1, the Sub Divisional Magistrate, authority, dropped the said proceeding. It is contended that by citing the same reasons order was issued by the Sub Divisional Magistrate Nandurbar on 15-9-2018 under section 144(2) of the Code of Criminal Procedure and the petitioners were prevented from entering Nandurbar city for the aforesaid period. It is contended that the said order was challenged by petitioner No.1 by filing revision in Sessions Court and the Sessions Court set aside the order on 21-9-2018. It is contended that as the order remained in force for some period and the petitioners were prevented from entering Nandurbar city, there was breach of fundamental rights of the petitioners and they are entitled to get compensation.