Madhya Pradesh High Court
Mohammad Azhar vs The State Of Madhya Pradesh on 19 November, 2018
W.P.No.26116/2018
1
HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE.
W.P.No.26116/2018
(Mohammad Azhar Vs. State of M.P. & ors.)
Indore, Dated :19.11.2018
Shri S.Garg, learned counsel for the petitioners.
Shri A.Malhotra, learned Government Advocate
for the Respondent Nos.1 to 4/State.
Learned counsel for the petitioner submits that being the same parties (Mohammad Hanif Vs. State of M.P and others), W.P.No.26061/2018 has been disposed of by order dated 13.11.2018. The order is reproduced as under:-
"Shri A.S.Garg, learned senior counsel with Ms. Megha Jain,learned counsel for the petitioner.
Ms. Swati Ukhale, learned Govt.Advocate for the respondents/State.
Petitioner has approached this Court challenging legality, validity and propriety of the order dated 22.10.2018 passed by Commissioner, Ujjain Division, Ujjain as appellate Authority declining prayer for interim relief to keep the impugned order of externment in abeyance pending decision of appeal.
Shri A.S.Garg, learned senior counsel referring to the proviso to sub-Section 3 of Section 9 of M.P.Rajya Suraksha Adhiniyam contends that appellate Authority has refused to exercise its jurisdiction not adverting to the prayer for interim relief on merits.
Upon perusal of the order impugned this Court is unable to countenance the contention so advanced in the light of the powers vested with the Collector under Section 12 of the Act W.P.No.26116/2018 2 in the matter of granting temporary permission to enter or return to the District etc.for which a person is directed to remove as rightly referred to by the appellate Authority. Be that as it may, in the opinion of this Court and in the fitness of things it is expedient to dispose of the writ petition with direction to the appellate Authority to decide the appeal expeditiously and not later than thirty days from the date of submission of certified copy of the order passed today as subject matter involves the personal liberty of the petitioner as enshrined under Article 21 of the Constitution of India.
With the aforesaid observation writ petition stands disposed of.
It is made clear that this Court has not expressed any opinion on merits of the matter. C.c.as per rules"
The present petition is also disposed of in same direction.
In order to maintain parity, the interim order passed in W.P.No.26061/2018 shall apply mutatis- mutandis in the present case also.
(VIVEK RUSIA) JUDGE das Digitally signed by REENA DAS Date: 2018.11.20 11:11:36 +05'30'