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1968 Supreme(Bom) 109

TARKUNDE, PALEKAR
Balu Shivling Dombe – Appellant
Versus
Divisional Magistrate, Pandharpur – Respondent


Advocates:
R.W. Adik with A.A. Antule, for Petitioner; M.A. Rane, Asstt. Govt. Pleader, for State.

Judgement

TARKUNDE, J. :- This petition has been filed under Arts. 226 and 227 of the Constitution of India to challenge the legality of an order of externment passed against the petitioner under Section 56 (a) of the Bombay Police Act 1951, by the Divisional Magistrate, Pandharpur and confirmed in appeal by the State of Maharashtra.

2. The petitioner is a resident of Pandharpur where he owns a cycle shop and considerable immovable properties. He also owns agricultural lands in an adjoining village. He is a married man with wife and children.

3. On or about 15th June 1967 the petitioner was served with a notice issued by the Sub-Divisional Police Officer Pandharpur, under Section 59 of the Bombay Police Act, 1951 calling upon him to show cause why he should not be externed for a period of two years from the districts of Sholapur, Satara and Poona. It was alleged in the notice that because of the petitioner's illegal acts an atmosphere of danger and alarm had been created in Pandharpur city and the sorrounding area. Instances of nine illegal acts of the petitioner were given in paragraphs 2 (a) to 2 (i) of the notice. It was also alleged in the notice that witnesses were unwilling to c















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