Sinha, J.

[1] This is an application on behalf of one Khudi Prosad Bhakat alias Teli, under Article 226 of the Constitution, for the issue of a writ in the nature of mandamus or certiorari upon the District Magistrate of Birbhum directing him to withdraw the order of externment dated 22-5-1950, passed on the applicant and for such other order as to the Court seem fit and proper. On this application, a Rule was issued on the District Magistrate to show-cause why such a writ should not be issued upon him and why such further or other order should not be made as the Court thinks fit and proper.

[2] Before I deal with the merits of the application I must refer to the procedure adopted by the respondents for showing cause. What has been done is that the District Magistrate Birbhum has addressed a letter to the Assistant Registrar of the High Court in its Appellate Side, in which he has stated certain facts and has further asked that the order of externment being of administrative importance, the Legal Remembrancer should be requested to have the State represented in the proceedings on the relevant date fixed for the hearing of the Rule. All have before me is this letter, which do