ANIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dtd. 30/04/2024 (Annexure P/1) passed by the District Magistrate, Mandsaur (M.P.) in an externment Case No.109/Externment/2024, whereby, the District Magistrate while exercising its powers under Sec. 5 (a) and 5 (b) of the M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as Adhiniyam, 1990) has externed the petitioner from District Mandsaur and others Districts namely Neemuch, Ratlam, Ujjain, Agar Malwa and Shajapur for a period of three months.

(2.) Counsel for the petitioner has drawn the attention of this Court to the map of State of Madhya Pradesh (Annexure P-4) from which it is apparent that the Districts Ujjain, Agar Malwa and Shajapur are not contiguous t o District Mandsaur, thus, it is submitted that the District Magistrate has no jurisdiction to extern the petitioner from the aforesaid districts.

(3.) Counsel for the respondent/State submits that the jurisdiction of the District Magistrate is confined to contiguous district only. However, it is submitted that the petitioner has a remedy of appeal under Sec. 9 of the Adhiniyam, 1990 before the Divisional Commissioner.