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2025 DAILYLAW 75103 (BOM)

RAJVARDHAN BABASAHEB PATIL v. THE DISTRICT SUPERINTENDENT ALIAS EXTERNMENT AUTHORITY, KOLHAPUR

WP/4582/2025 · 2025-11-13

Shri Shivkumar Dige

body2025

Judgment text

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913-WP-4582-2025 (CR) .DOC Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4582 OF 2025 Rajvardhan Babasaheb Patil ...Petitioner Versus The District Superintendent Alias Externment Authority, Kolhapur and Ors. ...Respondents ------- Mr. Sanjeev Kadam, senior counsel a/w Varsha Thorat, Arya V. Ambulkar, Ranjit Patil, Mahsh Bhosale & Dhwalsinh Patil i/b Deepak Patil for the Petitioner. Ms. A. A. Takalkar, APP for the Respondent-State. Ramdas Ingawale SDOP Gadhinglaj, Dist- Kolhapur. ------- CORAM : SHIVKUMAR DIGE, J. DATE : 13th NOVEMBER, 2025. P.C. 1. By this petition, petitioner is seeking quashing of the order passed on interim application by the appellate authority dated 7th November, 2025. 2. Learned senior counsel for the petitioner submits that the petitioner is externed for one year from Kolhapur district by Superintendent of Police, Kolhapur. The Petitioner has challenged the HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2025.11.13 20:10:57 +0530 913-WP-4582-2025 (CR) .DOC said order before the Appellate Authority and it is pending. The Petitioner wants to contest the election of Jilhaparishad and Panchayat Samiti and he had filed application for staying the impugned order, but the appellate authority has rejected the stay application of the petitioner. He further submits that the petitioner has good case and it will take time to decide the appeal filed by the petitioner, hence, requested to allow the writ petition. 3. It is contention of learned APP that there are five offences registered against the petitioner and after externment order, one more offence is registered against him. The learned appellate authority has passed well reasoned order. No interference is required in it and requested to dismiss the writ petition. 4. I have heard both the learned counsel. Perused the impugned order. 5. The petitioner intends to contest the election. It is his fundamental right. The appeal filed by the petitioner is pending. It will be decided on its own merit. The petitioner can be permitted to enter in Kolhapur district for 40 days as the appeal filed by the petitioner is pending. Considering this fact, I pass the following order. O R D E R I. Writ petition is partly allowed. Page 2 of 3 913-WP-4582-2025 (CR) .DOC II. The order passed by the appellate authority dated 7th November, 2025 is hereby quashed and set aside. III. The petitioner is permitted to enter in Kolhapur district for 40 days. IV. If externment order confirmes, the 40 days period will be added in the externment period. V. Petitioner shall attend the police station as and when required. (SHIVKUMAR DIGE, J.)