BEERE Vs. THE STATE OF M.P.

JUDGEMENT

(1.) THE petitioner by way of filing this petition under Article 226 of the Constitution of India essentially has called in question the order dated 21.11.2013 passed by the District Magistrate under the provisions of Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as 'the Act') as also has challenged the order dated 26.5.2014 by which the appeal preferred by the petitioner against the said order has been dismissed by the Commissioner, Rewa Division, Rewa.

(2.) BRIEF facts giving rise for filing of this writ petition are that, upon submitting a report by the Superintendent of Police, Sidhi, action was initiated against the petitioner and a show cause notice was issued to him as to why an order be not issued for his removal from the area concerned. A reply was filed by the petitioner stating that the action has been initiated against him on a report given by the Superintendent of Police on 1.11.2008 whereas right from the year 2002 no offence was committed by the petitioner nor any case was registered against him by the police. The cases registered against the petitioner were decided by the Courts and he has been acquitted. Therefore, the action against the petitioner was not called for under the provisions of the Act. However, without considering the aforesaid reply, the order was passed on 21st November, 2013 in exercise of powers under Section 5(b) of the Act. The petitioner preferred an appeal against the said order, but the same was dismissed. The said order was affirmed by the Appellate Authority. Hence, this writ petition was required to be filed.

(3.) HEARD learned counsel for the parties at length and perused the original record.