ATEEQ AHMED KAMAL AHMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) As the challenge in both the petitions is of identical nature, the petitions are taken up for hearing together.

(2.) Rule. Rule made returnable forthwith and with the consent of the learned counsels for the parties, heard fnally at the stage of admission.

(3.) The petitioner in Writ Petition No. 632 of 2022 is a Municipal Councilor of Malegaon Municipal Corporation. A dispute arose over the change of user of the land bearing City Survey Nos.1049 and 1051 situated at Malegaon. The petitioner objected to the proposal of Public Works Department to construct a jogging track running alongwith the periphery of the said land. Instead of dealing with the objections of the petitioner in an objective manner, the respondent No.2 passed an order on 17/2/2022 externing the petitioner from the city of Malegaon for a period of one month, in fagrant violation of the principles of natural justice, purportedly invoking the provisions of sec. 144 of the Code of Criminal Procedure, 1973 ('the Code'), which were wholly inapplicable. Hence, this petition.