DHARMENDRA RATHORE Vs. STATE OF M.P.

JUDGEMENT

(1.) Matter is finally decided with the consent of the parties. By invoking powers under Article 226 of the Constitution of India, this petition is preferred to quash the order dated 17.06.2013 (Annexure P/1) passed by the Commissioner, Gwalior Division, Gwalior, in Case No. 13/13/Appeal/Z.B, whereby appeal was dismissed and an order passed on 26.02.2013 (Annexure P/2) by Additional District Magistrate, Gwalior, was affirmed. By that order, petitioner was directed that he was not entered into the District Gwalior and also the adjoining districts i.e. Bhind, Morena, Shivpuri and Datia for a period of one year. Similar matter was decided in Writ Petition No. 8555/2012 in the matter of Arvind Sharma v. State of Madhya Pradesh & Others by this Court on 30.05.2013 and it was held by this Court that such type of impugned order cannot be passed by the Additional District Magistrate and the impugned order was quashed and also the order passed the Commissioner was also quashed in the appeal and it was further directed that because the order was passed by an incompetent authority, therefore, cost of Rs. 5,000/- (Rs. Five Thousand only) was also imposed upon the State Government and liberty was granted to the State Government to recover the amount from the erring Officer within a period of one month from the date of passing of this order. That order was challenged in Writ Appeal No. 244/2013 (State of Madhya Pradesh v. Arvind Sharma) and the appeal was dismissed by affirming the order of Wi(sic) Court.

(2.) Both the parties are agreed that the entire case is covered with the judgments mentioned above. Looking to the facts and circumstances of the case and the view expressed by this Court in the above mentioned judgments, this petition is also allowed in the following terms:--