MAHENDRA DAYAL, J. - (1.) THIS writ petition under Article 226 of the Constitution of India is directed against the order passed by the Commissioner, Faizabad Division on 26.03.2015, whereby the appeal No.89 preferred against the order of the District Magistrate, Sultanpur dated 19.11.2014 has been dismissed.
(2.) FROM the perusal of the impugned order, it reflects that the proceedings under Goonda Act were initiated against the petitioner on the basis of Challani Report dated 27.12.2010. It was mentioned in the report that the petitioner was having criminal history of two cases and the people at large feel apprehension in reporting the matter to the police because of the terror caused by the petitioner in the locality. Acting upon aforesaid Challani Report, a notice was issued to the petitioner, upon which he submitted his reply, but the District Magistrate vide order dated 19.11.2014 passed an order of externment for a period of six months and also directing the petitioner to execute a personal bond or Rs.50,000/ -. It was further directed that in case of disobedience of the order, the petitioner shall be taken into custody and shall be produced before the Court. Feeling aggrieved by the aforesaid order of the District Magistrate, the petitioner preferred an appeal under Section 6 of the Goonda Act before the Commissioner, Faizabad Division which too was dismissed on 26.03.2015.
(3.) I have heard the learned counsel for the petitioner and learned A.G.A. for the opposite parties. Learned counsel for the petitioner submits that his case is squarely covered by the judgment of this Court rendered in Writ Petition 3732 (M/S) of 2012 decided on 11.09.2012 and reported in 2013 (31 LCD 238]. In this writ petition, similar matter was before the court for consideration and this Court while dealing with the matter of externment has observed that the nature of provision under Section 3 of the Act is preventive in nature. The District Magistrate has to record his satisfaction before passing any order for externment. The satisfaction should be based upon some material made available by the police. It has further been observed that if there is a long gap between the alleged activities and the order of externment, the order being based upon stale incidents is liable to be quashed.;