JAMNALAL Vs. HOME DEPARTMENT

JUDGEMENT

(1.) The instant petition has been filed under Article 226 of the Constitution of India challenging the legality and validity of the order dtd. 6/6/2022 (Annexure-P/1) passed by Commissioner-Ujjain Division, Ujjain whereby dismissing the appeal preferred by petitioner under Sec. 9 of Madhya Pradesh Surksha Adhiniyam, 1990 (hereinafter refer as "Act", 1990) whereby the petitioner has been externed from revenue District Ujjain and its adjoining districts for a period of one year.

(2.) The Superintendent of Police, Ujjain submitted a report on 10/3/2021 to District Magistrate, Ujjain about the criminal activities of the petitioner. In the report he had given the details of the criminal cases alleged to have been committed by the petitioner from year 2003 to 2021 and had made a request to pass an order of externment against the petitioner under Act, 1990.

(3.) Based upon the aforesaid report, District Magistrate, Ujjain registered a case on 19/3/2021. A notice was issued to the petitioner under Sec. 8 of the Act, 1990 to show-cause why a proceeding for order of externment should not be initiated against him. Counsel for the petitioner submits that the petitioner did not receive the said show-cause notice. The Collector has recorded in the order that despite service of notice, the petitioner did not appear in the proceedings and therefore, the matter was proceeded ex-parte. On the basis of report of Superintendent of Police, Ujjain, the District Magistrate, Ujjain passed an order of externment under Sec. 5 (a) and (b) of the Act, 1990 externing the petitioner from District-Ujjain and also adjoining revenue limits of adjacent Districts for a period of one year. Being aggrieved by the said order the petitioner preferred an appeal under Sec. 9 of the Act, 1990 before Commissioner (Revenue). The said appeal was also dismissed by impugned order dtd. 6/6/2022 affirming the order of externment.