JAGANNATH PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this application under articles 226 and 227 of the Constitution, the petitioner seeks a writ of certiorari for quashing an order passed by the District Magistrate. Sagar, on 23rd March 1967 under sections 4 and 5 of the Madhya Pradesh maintenance of Public Order Act, 1965, (hereinafter called the Act), directing him to remove himself on or before 2nd April 1967 outside the Sagar district and the contiguous districts of Chhatarpur, Damoh, Narsinsghpur, Raisen Vidisha and guna, and not to enter or return to the aforesaid districts for a period of one year. The petitioner filed an appeal to the State Government against this order of the district Magistrate. But it was not entertained on the ground that it was barred by time.

(2.) THIS petition was heard by us on 22nd January 1968. At the end of the hearing, we recorded an order allowing the petition and quashing the order dated the 23rd march 1967 of the District Magistrate, Sagar, saying that we would give our reasons in support of our conclusion later. Accordingly, we are now giving our reasons for allowing the petition.

(3.) SECTIONS 4 and 5 of the Act, in so far as they are material here, are as follows: