1 (WP 128 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.128 OF 2011 Bhaskar Timappa Shetty ...Petitioner Vs. The Chief Secretary, (Appeal & Security) Home Department & Ors. ...Respondents --- Umesh G. Deshpande for Petitioner Ms. A.J.Jhaveri -APP for State --- CORAM: B.R. GAVAI J. DATED: 21st July, 2011 P.C. 1. The Petition deserves to be allowed on a short ground of violation of principles of natural justice. 2. Perusal of the show cause notice dated 28th September, 2010 would reveal that the show cause notice only proposes to extern the Petitioner beyond Thane District for a period of two years. However, perusal of the order dated 26th October, 2010 reveals that the Petitioner has been externed from four districts, i.e. Thane, Brihan Mumbai, Navi Mumbai and Raigad for a period of one year. 3. By now it is a settled principle of law that the final order cannot travel beyond a show cause notice. The 2 (WP 128 of 2011) notice is patently in breach of the principles of natural justice inasmuch as the show cause notice given to the Petitioner. 4. By the show cause notice dated 28th September, 2010, the Petitioner was proposed to be externed from outside the Thane District but in the final order, the Petitioner is externed from four districts. The impugned order, therefore, is clearly a non-application of mind. Even otherwise, the procedure that has been followed in utter breach of principles of natural justice. The Writ Petition, therefore, deserves to be allowed. Rule is made absolute in terms of prayer clause (b). Writ Petition is, accordingly, disposed of. (B.R.GAVAI J.)