Akhtar Khan vs State Of M.P.
2022 Latest Caselaw 9947 MP

IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 14702 of 2022

(AKHTAR KHAN Va STATE OF MP AND OTHERS)
Dated : 19-07-2022

Shri Sankalp Kochar, learned counsel for the petitioner.

Shri Yash Som, learned Government Advocate for the
respondents' State.

Heard on the question of admission and interim relief,

Issue notice to the respondents on payment of process fee by RAD mode within seven working days, failmg which this petition shall stand dismissed without further reference to the Bench.

Notice be made returnable within four weeks.

Learned counsel for the petitioner submitted that the documents demanded were never supplied to him before passing the order of externment. He also contended that the order of externment has been passed after a period of 16 months from the date of issuance of notice to the petitioner. He placed reliance on the judgment of Bombay High Court in the ease of Aniuddin Shamsuddin Solanki Vs. Superintendent of Police and athers as reported in 2020 SCC OnLine Bom 945. It is further contended that se far as the alternative remedy is concerned, if there is violation of principle of natural justice, the same would not be a bar to entertain the Writ Petition.

In the meanwhile, the effect and operation of the impugned order dated 13.06.2022 (Annexure P/1) shall remain stayed till the next date of

hearing.

List the case in the week commencing 22.08.2022.

Certified copy as per rules.

(Ss. A. DHARMADHIBKARD

JUDGE Shanu Digitally signed by SHANU RAIKWAR | Date: 2022.07.

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