this writ petition, the petitioner is
challenging the externment order externing him from
Jalna District for a period of two years dated 15.12.2020
passed ... order dated 15.12.2020 passed
by the Sub-Divisional Magistrate, Jalna in externment
proceeding.
3. Brief facts, giving rise to the present writ petition
valuation centers allotted by the
University. The University has appointed two external examiners from
outside the University/other State and two internal examiners ... Medical Council of India Regulations. The first
valuation was done by one external examiner and second valuation by one
internal examiner appointed by the University
brought Ramesh Kumar for medical examination. On his examination, he
found following external injuries on his body:-
(i) Incised wound antero posterior direction with cutting ... also examine Thakurdeen and found following external injury on his
body;-
(i) Incised wound size 6"x2" over mid parietal region. Skull bone
Magistrate, Aurangabad, asking
him to show cause why he should not be externed from limits of Aurangabad
and Jalna Districts for two years.
2] Heard ... asking him to show cause as to why he
should not be externed from Aurangabad and Jalna District for a period of 2
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purposes of reassessment, necessarily spring from a source external to the original record? This is the significant question which has necessitated this reference ... information" in possession of the prescribed authority must necessarily be external from the records of the original assessment. It was further contended that
that it empowers the Government to issue what I might call an externment order under Section 2 (1) (b) , is void under Article ... necessary to look at the scheme of the Act as far as externment orders are concerned. In the first place, it is important to note
other sub-sections of Section 3 prohibit the externment from the State of any person ordinarily resident in the State and also prohibit the District ... City of Bombay Police Act, 1902, which permitted an order of externment being made against a person, was a provision made in the interests
referred to as `the Act 1990'] whereby the petitioner has been
externed from the District Narsingpur and its contiguous districts -
Chhindwara, Seoni, Jabalpur, Damoh ... cause notice and the District Magistrate has passed the order of
externment after recording his satisfaction in accordance with law.
5. Before adverting
that a notice was issued
by the competent authority in respect of externment of the
petitioner and the petitioner did submit a reply ... thereafter an order has been
passed in respect of his externment.
Learned counsel for the petitioner has vehemently
argued before this court that
Section 147(b) must mean instruction or knowledge derived from an external source concerning facts or particulars, or as to law relating to a matter ... limitation could justifiably be placed on the nature or
character of the external source from which communication as to the state
