GANGARAM Vs. COMMISSIONER, INDORE DIVISION

JUDGEMENT

(1.) This petition has been filed against the order dtd. 16/3/2021 passed by the respondent No.1 Commissioner, Indore Division as also the order dtd. 7/12/2020 passed by the respondent No.2 District Magistrate (Collector), Burhanpur. Vide order dtd. 7/12/2020 the District Magistrate, Burhanpur has passed the order of externment against the petitioner, externing the petitioner from the District Burhanpur and the adjoining districts, namely, Khandwa, Khargone, Harda and Badwani for a period of one year. The aforesaid order was challenged before the Commissioner, Indore Division, who vide its order dtd. 16/3/2021 has affirmed the order of externment.

(2.) In brief, the facts giving rise to the present petition are that on 24/9/2018, a case was registered against the petitioner and nine other persons on the complaint of the Forest Officer, Aseer-Beat Khatla under Sec. 26 of the Indian Forest Act, 1927 and Ss. 3 and 7 of Biological Diversity Act, 2002 wherein it was alleged that the petitioner and the other accused persons were cutting the trees and were also tiling the forest land. It is alleged against the petitioner that he had incited the tribal of the area to encroach upon the forest land by organizing Rallys, Dharnas, by giving provocative speeches. On 11/9/2020 the Forest Officer, Burhanpur, i.e. after around two years of the lodging of the FIR against the petitioner, has recommended to the respondent No.2 - District Magistrate, Burhanpur to proceed against the petitioner under M.P. Rajya Surakasha Adhiniyam, 1990 for his externment as the petitioner had continuously indulged in various criminal activities and the prohibitory actions taken against him has not deterred him from indulging in illegal activities. On this report of Divisional Forest Officer, after the show cause notice was issued to the petitioner on 25/9/2020, a reply was also filed by the petitioner and subsequently the residents of village Khatla have also given the affidavit in support of the petitioner regarding his good conduct. A written argument was also filed on his behalf on 13/10/2020. The final impugned order was passed by the District Magistrate, Burhanpur on 7/12/2020 on the ground that two cases have been registered against the petitioner, which has disturbed the harmony and social fabric of the area as the petitioner has continuously indulged in criminal activities since 2003.

(3.) Counsel for the petitioner has submitted that prior to issuance of notice, only one case was registered against the petitioner and that too in the year 2018 and the other case, which has been referred to in the impugned order, relates to another offence registered against the petitioner at Crime No.390 of 2020, at Police Station Nimbola under Ss. 147, 148, 149, 353, 294, 506 and 332 of IPC, but the aforesaid criminal case was not included in the show cause notice and thus, the petitioner was taken aback when the aforesaid offence also found place in the impugned order. Thus, it is submitted that it is the violation of principles of natural justice as the show cause notice itself was not issued in respect of the second offence, which was subsequently registered against the petitioner. Counsel has submitted that otherwise also the petitioner is a political activist and has never indulged in any criminal activity. Thus, it is submitted that the impugned order passed by the District Magistrate as also the order passed by the Commissioner, Indore Division are liable to be set aside.