1 WP 2491.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 2491 OF 2011 Mr. Amar Shantaram Nakate. ... Petitioner. V/s. The Sub Divisional Magistrate, Karveer Divn. District – Kolhapur & Anr. ... Respondents. Mr. S.A. Ingawale for the Petitioner. Mrs. R.V. Newton, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 17th OCTOBER 2011. P.C. :- Heard. The externment caused against the externee/Applicant from Kolhapur, Satara, Sangli, Sindhudurg and Ratnagiri for a period of two years by orders dated 13.4.2011 recorded by the Sub-Divisional Officer, Karveer Division, Kolhapur was questioned before the Appellate Authority. The Appellate Authority, by its order dated 20th June 2011, in paragraph 6 has observed that the representation of the Externee/Applicant is not properly considered nor the letter of Superintendent of Police, Kolhapur dated 5th March 2011 is given requisite weightage. Consequently, he has sent the matter back to the learned Sub-Divisional Officer, Karveer Division, Kolhapur. However, inadvertently, he has confirmed 2 WP 2491.11.sxw the orders of externment against the Applicant/Externee. This part certainly calls for interference as the Sub-Divisional Officer has yet to take a decision on the representation that would be formulated and forwarded by the Externee/Applicant. It would be thereafter only, if the orders of externment are to be upheld, will have to be so communicated to the Applicant. Till then, in the light of remittance of the matter by the Appellate Authority, there would not be the order of externment in force against the Applicant. Consequently, the order of Appellate Authority dated 20th June 2011 is corrected to the extent as above. The Sub-Divisional Officer, Karveer Division, Kolhapur will cause notice to be given to the Externee/Applicant upon which the Externee/Applicant will appear before the said Authority and present his case as is directed in clause 6 of the order of the Appellate Authority. It is for the Sub-Divisional Officer to take appropriate steps urgently and to pass orders on its own merits. Petition allowed to the extent as above. (K.U. CHANDIWAL,J.)