JUDGMENT :

Sandipkumar C. More, J.

1. Rule. Rule made returnable forthwith. By consent of the parties, heard fnally at the stage of admission.

2. In Criminal Writ Petition No. 1363 of 2021 the petitioner is challenging the order dated 27.05.2021 which is common to both the petitioners, and the order dated 12.082021 passed by the Divisional Commissioner, Nashik Division, Nashik in Externment Appeal No. 60/2021. Similarly, in Criminal Writ Petition No. 1364 of 2021 the petitioner therein is challenging the same order dated 27.05.2021 passed by Superintendent of Police, Dhule i.e. respondent No. 3 and also the order dated 12.08.2021 passed in Externment Appeal No. 61/2021 by Divisional Commissioner, Nashik i.e. respondent No. 2.

3. It appears that both the petitioners are real brothers and the notice dated 11.01.2021 mentioning that the petitioners are required to be externed from Dhule, Jalgaon, Nandurbar, Ahmednagar and Nashik districts for the period of two years is issued against them. Further, notices dated 09.03.2021 issued to the petitioners calling their explanation as to why they should not externed from Dhule district for the period of two years are also sent to the petitioners separately. However, in respect of the said notice respondent No.3 in both the petitions has passed common order dated 27.05.2021 in Externment Case No.55/Ext./1219/2021. The petitioners in both the petitions then fled separate appeals against that order bearing Appeal No.60/2021 and Appeal No. 61/2021 respectively before respondent No. 2 in both the petitions. Since the main order of externment is common for both the petitions and it relates to the offences committed by the gang of both the petitioners, we find it appropriate to dispose of these petitions by common judgment.

4. The background facts leading to these petitions are as under :

The petitioners claim that they are resident of Sakri Taluka and peace loving persons. According to them, they never indulged into any criminal activity which cause grievance to the public at large. The Superintendent of Police, Dhule i.e. respondent No. 3 passed an order dated 30.12.2020 and thereby directed respondent No.4 Sub-Divisional Police Officer, Dhule to conduct an inquiry in respect of the proposal of externment of the petitioners as per Section 59 of the Maharashtra Police Act, 1951 (hereinafter referred to as “the Act”). Accordingly respondent No. 4 issued notice dated 11.01.2021 to the petitioners and mentioned the crimes registered against them in that notice. It was expressed in the said notice dated 11.01.2021 that it would be proper to extern the petitioners from fve districts namely Dhule, Jalgaon, Nandurbar, Ahmednagar and Nashik for the period of two years. When both the petitioners replied the said notice separately, respondent No. 3 issued separate notices to the petitioners dated 09.03.2021 calling explanation from the petitioners as to why they should not be externed from Dhule district for the period of two years. Again the petitioners separately replied the said notice but, respondent No. 3, under the first impugned order dated 27.05.2021, ordered externment of the petitioners from entire Dhule district, Nandurbar Taluka, Malegaon and Satana Talukas of Nashik district for the period of one year. Against the said order the petitioners namely Govind and Mithun preferred Externment Appeal No. 60/2021 and Externment Appeal No. 61/2021 respectively before respondent No. 2, but under separate orders, both dated 12.08.2021, respondent No.2 i.e. the Divisional Commissioner, Nashik dismissed those appeals.

5. Learned Counsel for the petitioners submits that the petitioners are the real brothers and belong to tribal community and they are also acting workers of Adiwasi Bhil Eklavya Sanghatna. They are peace loving persons and do not indulge into any criminal activity which causes grievance to the