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2016 Supreme(Bom) 1434

A.S.OKA, C.V.BHADANG
Bal @ Rajvardhan Vitthalrao Nimbalkar – Appellant
Versus
Divisional Commissioner, Pune Division – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Umesh R. Mankapure.
For the State : Dr. F.R. Shaikh.

JUDGMENT :

C.V. Bhadang, J.

1. As the regular Bench, to which this petition was assigned is unable to take up this petition, as per the general standing order in this regard this petition is listed before this Bench.

2. Heard.

Rule. Rule made returnable forthwith. Learned APP waives service for the respondent-State. Heard finally by consent of the parties.

3. By this petition, the petitioner is challenging the order dated 29th December 2015 passed by the respondent No.1 thereby confirming the order dated 9th October 2015 passed by the leaned Sub-Divisional Magistrate under section 56(1)(a) of the Bombay Police Act, 1951 ("said Act" for short) by which the petitioner has been externed from Kolhapur district for a period of six months.

4. It appears that the petitioner had initially challenged the order dated 9th October 2015 before this Court in WP No. 4345/2015 which was disposed of, on 21st November 2015 after noticing that the petitioner had also challenged the said order in an appeal under section 60 of the said Act. In that view of the matter this Court directed the appellate authority to dispose of the appeal. It further appears that subsequently the appellate authority by an order










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