1 2025:CGHC:2731-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 24 of 2025 1 - Dheeraj Sahu @ Dheeraj Sarfraj S/o Phoolchand Sahu Aged About 48 Years (Wrongly Mentioned As 39 Years In Annexure P-1), Village- Subhashnagar Mahasamund, Police Station-Mahasamund (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Though- Secretary, Home Department, Mahanadi Bhawan, Naya Raipur (C.G.) 2 - Collector/district Magistrate Mahasamund, District-Mahasamund (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Pawan Kesharwani, Advocate. For Respondent(s) : Mr. S. S. Baghel, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, J. Order on Board Per Ramesh Sinha, Chief Justice 16/01/2025 1. Heard Mr. Pawan Kesharwani, learned counsel for the petitioner. Also heard Mr. S. S. Baghel, Govt. Advocate for the Respondent/State. 2. The present writ petition has been filed by the petitioner with the following prayers: 2 "10.1 To call for records pertaining to the case of the petitioner. 10.2. To issue appropriate Writ against Respondent No. 1 directing to decide the case of the Petitioner registered before Respondent No. 1 (रा.सु.का. ्ቚकरण ्ቅमांक/्ቚ. ्ቅ एफ-4-163/ गृह- सी 2024) within reasonable time. To Quash or stay the externament order issued by the Collector/District Magistrate, Mahasamund dated 15.07.2024, and further quash the proceedings pending under section 9 of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 before the State Authority in the light of the delay in proceedings, and reinstate the Petitioner's right to reside and move freely in Mahasamund District and its adjacent districts. 10.3. To pass any other order(s) that this Hon'ble Court may deem fit and proper in the circumstances of the case." 3. The facts as mentioned in the petition are that, an order under Section 3 and section 5 (a)(b) of Chhattisgarh Rajya Suraksha Adhiniyam, 1990 (in short ‘the Adhiniyam, 1990)’ has been passed by the District Magistrate Mahasmund against the petitioner vide order dated 15-07-2024 whereby the petitioner is ordered to go out of the border area of District Mahasamund and adjacent revenue Districts Raipur, Dhamtari, Gariaband, Balodabazar and Rairgarh District within 24 hours for a period of one year and as long as that order remains in effect without taking prior statutory permission the petitioner should not enter into the boundaries of this District and the above mentioned Districts. Earlier the petitioner had filed a WPCR 3 No. 275 of 2024 before this Court which was disposed of by order dated 05.08.2024 deserving the liberty in favour of the petitioner to file an appeal under Section 9 of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 before the Appellate Authority. In pursuance of the order dated 05.08.2024 passed in WPCR No. 275 of 2024, the petitioner has preferred his appeal before the State/Appellate Authority on 14.08.2024 but till date his appeal has not been decided by the Appellate Authority, therefore, he prayed for a direction to the Appellate Court for early disposal of his appeal. 4. Learned counsel for the petitioner submits that the proceeding against the petitioner was initiated on 18-04-2024 and without giving proper opportunity of hearing to the petitioner the impugned order has been passed on 15-07-2024. Further, the witnesses are unwilling to come forward to give evidence in respect of which the impugned has been passed. The learned District Magistrate without considering the ingredients required so as to fulfill the provisions of the Adhiniyam, 1990, i.e., the degree of disturbance and its effect upon the life of people, mechanically proceeded with the case and passed the impugned order without any rhyme and reason. Therefore, the appeal of the petitioner is pending since 14.08.2024 and till date it has not been decided, therefore, the Appellate Authority may be directed to decide the appeal as early as possible within the stipulated period. 5. Learned counsel for the State have no objection if the direction for early disposal of the appeal is to be passed by this Court. 6. Considering the submissions made by learned counsel for the parties, considering the fact that the petitioner has challenged the externment order dated 15.07.2024 passed by District Magistrate, Mahasamund and his appeal against the order of externment filed under Section 9 of the Chhattisgarh Rajya Suraksaha Adhiniya, 1990 is pending before the Appellate Authority since 14.08.2024 and no decision has been taken till date, it would be deem fit to direct the respondent 4 no.1/Appellate Authority to decide the appeal as early as possible preferably within 6 weeks from the date of receipt of copy of this order. 7. With this observation the petition is disposed of. The Registry is directed to sent copy of this order to the respondent no.1/Appellate Authority for its due compliance and necessary action. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.01.21 14:35:52 +0530