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2017 Supreme(Bom) 2520

S.S.SHINDE, K.K.SONAWANE
KAILAS DEVRAM KOLPE – Appellant
Versus
DIVISIONAL COMMISSIONER – Respondent


Advocates Appeared:
For the Petitioner:Mr. K.B. Borde, Advocate.
For the Respondent: Ms. P.V. Diggikar, A.P.P.

JUDGMENT :

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 disc









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