NITIN S/O. MANOHAR KAKADE Vs. THE STATE OF MAHARSTRA & 0RS.
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Nitin S/O. Manohar Kakade
The State Of Maharstra And 0Rs.
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S.S. Shinde, J. -
(1.) Heard. Rule. Rule made returnable and heard forthwith with the consent of the learned Counsels for the parties.
(2.) This Writ Petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner with following prayer:
"A. For a writ of certiorari, Order or direction in the nature of certiorari calling for the record and proceeding of the Order dated 25.01.2017 ( Exhibit "L ") passed by learned Divisional Commissioner, Nashik Division, Nashik, in Externment Appeal No. 4/2017 thereby modifying order dated 12.01.2017 passed by respondent no.3 in Externment Case No. SR-6/2016 and after examining the legality, validity and propriety thereof, Order dated 25.01.2017 ( Exhibit "L ") passed by learned Divisional Commissioner, Nashik Division, Nashik in Externment Appeal No. 4/2017 thereby modifying order dated 12.1.2017 passed by respondent no.3 in Externment Case No. SR-6/2016 be quashed and set aside. "
(3.) It is the case of the petitioner that when the elections of Zilla Parishad, Ahmednagar, were scheduled in the year 2012, at that time also, out of political rivalry, with the help of Police, and the Revenue authorities, externment proceedings were initiated against the present petitioner and the petitioner was externed for three months from Ahmednagar, Beed and Aurangabad district. Aggrieved by the order of an externment, the petitioner filed Writ Petition No. 524/2012 (Nitin s/o Manohar Kakade and others v. The State of Maharashtra and others) . In the said Writ Petition, the High Court was pleased to quash and set aside the order of externment.;
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