1. Heard learned advocates for the parties and perused the record.

2. The petitioner, who is the externee, has challenged the order of externment dated 8.12.2017 being Hadpari order No.PCB/HDP/133//17/3076/17 by the respondent authority.

3. The Deputy Police Commissioner issued a show cause notice on 8.8.2017 under section 56(b) of the Gujarat Police Act, 1951 (referred to as the 'Act' hereinafter) to the petitioner inter alia alleging in the show cause notice that the petitioner is doing his activities by using force or violence. There is a specific allegation in the notice that the petitioner was doing all these activities within the jurisdiction of concerned Police Station.

4. In response to the show cause notice, the petitioner has submitted his explanation to the concerned authority. However, the competent authority has passed the order of externment on 8.12.2017 externing the petitioner for a period of six months from the area falling under Vadodara and Vadodara districts.

5. It may be pertinent to refer the following citations:

(1) Jagidsh Shamjibhai Makwana v. Sub-Divisional Magistrate, Bhavnagar reported in 2002 (2) GLR 1158 &

(2) Rameshbhai Shankarbhai Sonara v. State of Gujarat reported in 2002 GLR 169

6. In view of the foregoing reasons, it becomes clear that there is absolute non compliance of min while passing the order of externment and hence the petition deserves to be allowed and accordingly allowed. Thereby, the order of externment dated dated 8.12.2017 being Hadpari order No.PCB/HDP/133//17/3076/17 by the respondent authority is hereby quashed and set aside. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

7. In view of disposal of main matter, connected Criminal Misc. Application does not survive and hence the same stands disposed of accordingly. Rule accordingly.