Revati Mohite Dere, J.

1. By these writ petitions, the petitioners take exception to the order dated 4th September, 2013 passed by the Secretary (Special), Home Department, Government of Maharashtra, in appeal No. EXT- 2013/109/SPL-3(B) confirming the order of externment, dated 25th July, 2013 passed by the Competent Authority i.e. the Superintendent of Police, Satara, externing the petitioners from Satara District for a period of one year, under Section 55 of the Bombay Police Act.

2. Both these petitions are heard finally at the stage of admission with the consent of the parties. Hence, rule made returnable forthwith.

3. We have heard Shri Lokhande, learned Counsel for the petitioners in both the aforesaid petitions and Ms. A. S. Pai, learned A.P.P. for the State.

4. The principal ground which is urged before us, by the petitioners for seeking quashing and setting-aside of the impugned orders dated 4th September, 2013 passed by the Secretary (Special), Home Department, Government of Maharashtra, in appeal No. EXT- 2013/109/SPL-3(B) and the order of externment dated 25th July, 2013 passed by the Competent Authority i.e. the Superintendent of Police, Satara, is the non-applicability of Section 55 of the Bombay Police Act to the petitioners, in the facts of the present case.

5. At the outset, it would be necessary to advert to the facts as are necessary for the determination of the aforesaid ground raised by the petitioners. A proposal to extern the petitioners was initiated by the Police Inspector, Waduj Police Station, Satara, under Section 55 of the Bombay Police Act. Accordingly, a notice dated 10th May, 2013 came to be issued under Section 59 of the Bombay Police Act to the petitioners, giving them an opportunity to present their case before the Sub-Divisional Police Officer, Dahiwadi Division Camp, Waduj, Satara. Pursuant to the said notice, the petitioners replied to the same notice and after considering the reply of the petitioners and the proposal of the Waduj Police Station, the Sub-Divisional Police Officer, Dahiwadi Division, submitted his report to the Externing Authority i.e. the Superintendent of Police, Satara. Before the Externing Authority, the petitioners were also given an opportunity to represent themselves against the proposed externment. After hearing the petitioners and after considering the report, the Externing Authority i.e. the Superintendent of Police, Satara passed the impugned order dated 25th July, 2013, externing the petitioners from Satara District for a period of one year.

6. Against the aforesaid order of externment dated 25th July, 2013 passed by the Superintendent of Police, Satara, the petitioners preferred an appeal being Appeal No.EXT-2013/109/SPL-3(B), under Section 60 of the Bombay Police Act to the Secretary (Special), Home Department, Government of Maharashtra. After hearing the parties, the Secretary (Special), Home Department, Government of Maharashtra, vide order dated 4th September, 2013 rejected the appeal filed by the petitioners and upheld the order passed by the Competent Authority i.e. the Superintendent of Police, Satara, externing the petitioners from Satara District for a period of one year.

7. The learned Counsel for the petitioners urged before us, that the impugned order dated 4th September, 2013 passed by the Secretary (Special), Home Department, Government of Maharashtra in Appeal, thereby confirming the order dated 25th July, 2013 passed by the Competent Authority i.e. the Superintendent of Police, Satara, externing the aforesaid two petitioners cannot be sustained under Section 55 of the Bombay Police Act, in as much as Section 55 applied to a gang/body of persons/all the members of the gang and not to individual persons and as such sought quashing and setting-aside of the said orders. According to the learned Counsel for the petitioners, the order passed by the Externing Authority and confirmed by the Appellate Authority is based on such material which