1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3412 OF 2011 Sharad Ramu Alhat Petitioner versus Dy.Commissioner of Police, Zone-IV & others Respondents Mr.Rahul S. Kadam i/by Deepak Girme for petitioner. Ms.S.V.Gajare, APP for State. CORAM : RANJIT MORE, J. DATE : 13th December 2011 PC : 1. Rule. Rule made returnable forthwith. By consent, heard finally. 2. The petitioner challenges order dated 24th October 2001 passed by respondent no.3 thereby confirming the order of externment dated 23rd August 2011 passed by respondent no.1 whereunder the petitioner is externed for a period of two years from Pune City and Pune Rural. 3. A perusal of the show cause notice dated 26th May 2009 at Exhibit- A issued to the petitioner reveals only three crimes mentioned therein namely CR Nos.254/1999, 367/1996 and 445/2008. However, the order of externment dated 23rd August 2011 passed by respondent no.1 reveal that CR No.55/2011 was also taken into consideration and relied upon to extern the applicant from Pune City and Pune Rural. Thus, it is clear that respondent no.1 while passing the impugned order has taken into consideration the material which the petitioner was not put to show cause. 4. It is settled principle of law that the authority cannot take into consideration the material which was not put to the notice of the person 2 against whom the action is being taken. Therefore, the petition deserves to be allowed on this ground alone. Accordingly, Rule is made absolute in terms of prayer clause (a). (RANJIT MORE, J.)