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2016 Supreme(Bom) 1183

R.M.BORDE, A.I.S.CHEEMA
Suraj S/o Balbhim Shelke – Appellant
Versus
State of Maharashtra, Through Principal Secretary, Home Department, Mantralaya – Respondent


Advocates Appeared:
For the Petitioner:Mr. N.V. Gaware h/f Mr. A.H. Mahajan advocate
For the Respondent-State: Mr. A.R. Borulkar, Assistant Govt. Pleader

JUDGMENT :

R.M. Borde, J.

1. The question that is referred for our consideration is, as to “whether the order passed by the State Government, in exercise of powers conferred under section 60 of the Maharashtra Police Act, 1951, confirming the order passed by the externing authority under section 56 and 57 of the Maharashtra Police Act, 1951 can be construed as an ‘order’ within the contemplation of explanation to Rule 18 of chapter XVII of the Bombay High Court Appellate Side Rules, 1960”.

2. In view of explanation to Rule 18 of The Bombay High Court Appellate Side Rules, the expression ‘order’, appearing in clauses 1 to 41 means an order passed by any judicial or quasi-judicial authority empowered to adjudicate under the above mentioned statute. Thus, it is essentially required to examine as to whether the order passed in an appeal by the State Government under section 60 of the Maharashtra Police Act, 1951 is an order passed under quasi-judicial authority or whether it shall be construed as an administrative order.

3. An order directing externment out of Ahemadnagar district is issued by the Sub-Divisional Magistrate, Ahmednagar, directing removal of petitioner from Ahemadnagatr dist




































































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