The externment order must be justifiable and not excessive, and must adhere to the principles of natural justice.

S.S. Shinde, J.

Heard.

2. Rule, Rule made returnable forthwith, and heard finally with the consent of the parties.

3. This Writ Petition is filed by the petitioner, questioning the legality, propriety and correctness of the order dated 30th September, 2016 passed by respondent No.1 - Divisional Commissioner, Nashik Division, Nashik in Externment Appeal No. 42/2016.

4. The learned counsel appearing for the petitioner invites our attention to the pleadings/grounds in the Petition, annexures thereto and submits that the alleged activities/offences registered against the petitioner are within the jurisdiction of Kopargaon Police Station, however, the petitioner is externed from Ahmednagar District, Yeola, Sinnar and Niphad Talukas in Nashik and Vaijapur Taluka in Aurangabad District. He submits that the order is excessive inasmuch as the alleged activities of the petitioner are stated within the jurisdiction of the Kopargaon Police Station, however, the petitioner is externed from the above mentioned other Talukas. He further submits that there is no mention in the show cause notice dated 8th March, 2016 as well as in the impugned order that incamera statement of the witness disclosed any specific allegedly activities committed by the petitioner causing harm or danger to a person or properties. Therefore, relying upon the judgments in the cases of Iqbaluddin Ziauddin Pirzade v. The State of Maharashtra and Ors. 2015 (2) Bom. C.R. [Cri.] 464, Yeshwant Damodar Patil v. Hemant Karkar, Dy. Commissioner of Police & another 1989 (3) Bom. C.R. 240, Umar Mohamed Malbari v. K.P. Gaikwad, Dy. Commissioner of Police and another 1988 Mh. L.J. 1034 in the cases of Shafi and Saddam Shoukat Qureshi v. Assistant Police Commissioner and others in Criminal Writ Petition No. 2032 of 2016, decided on 11.08.2016, Sayeed Firoz Sayeed Noor v. State of Maharashtra, 2016 [1] Bom. C.R. [Cri.] 270, in the case of Ravindra @ Ravi Harisingh Jadhav in Criminal Writ Petition No. 117 of 2015 decided on 09.03.2015 and in the case of Balu v. The Divisional Magistrate, Pandharpur 1969 Mh. L.J. 387, he submits that, the show cause notice is violative of the principles of natural justice. He further submits that the petitioner did not get an opportunity to explain the allegations made against him. He further submits that there was no sufficient material for arriving to the subjective satisfaction by the respondent No.2 before issuing show cause notice and passing the impugned order externing the petitioner from Ahmednagar District, Yeola, Sinnar and Niphad Talukas in Nashik and Vaijapur Taluka in Aurangabad District.

5. The learned APP appearing for respondent - State relying upon the reasons assigned in the order dated 30.06.2016 passed by the Sub Divisional Officer and the order dated 30.09.2016 passed by the Divisional Commissioner, Nashik Division, Nashik, submits that both the authorities, on the basis of the documents placed on record and the statement of the witness, have reached to the correct conclusion and passed the order of externment against the petitioner. Therefore, he submits that the Petition may be rejected.

6. We have carefully perused the original record of an externment proceedings. The first show cause notice dated 08.03.2016 issued by the SDPO contains that there were six crimes registered against the petitioner in Kopargaon City Police Station. It further contains that in camera statement of one witness i.e. A, shows that the petitioner, with the help of his companions, causes illegal excavation of sand for sale and on the basis of the money acquired therefrom, creates terror in the village. Due to his illegal acts, there has been danger to the lives and properties of the villagers. He is habituated to commit serious offences. Therefore, the witness gave statement against him on the condition of nondisclosure of his name. In the second show cause notice dated 27.04.2016, issued by the Sub Divisional Magistrate, Shirdi Division, Shirdi, the