It appears that acting on this letter the police took the petitioner to Kalyan on the evening of 30th July, 1951, and left him there.
After that, the petitioner companymenced proceedings in the Bombay High Court first in its original side under the Letters Patent and then in the Appellate Criminal Bench of the Court under articles 226 and 228 of the Constitution, companyplaining of the externment order mentioned above and praying for a writ of certiorari to have it quashed.
Both these applications were dismissed and the petitioner has number companye up to this companyrt under article 32 of the Constitution on the allegation that his fundamental rights under clauses d and e of article 19 1 of the Constitution have been infringed by the extern ment order.
On 30th July, 1951, the petitioner himself wrote a letter to the Commissioner of Police stating that he did number desire to go to Amritsar and prayed that he might be allowed to stay at Kalyan which is outside Greater Bombay but within the Slate of Bombay and that he might be given a Railway ticket from Dadar to that place.
32 of the Constitution of India for a writ in the nature of mandamus.
ORIGINAL JURIDICTIN Petition No.
The petitioner is an Indian citizen and is said to be residing with his father at a place called Gogri Niwas, Vincent Road, Dadar, his father having a business in elec trical goods in the city of Bombay On the 23rd July, 1951, the petitioner was served with an order purporting to have been made by the Commissioner of Police, Bombay, under section 27 1 of the City of Bombay Police Act, directing him to remove himself from Greater Bombay and go to his native place at Amritsar in East Punjab.
Application under Art.
On July 25, 1951, the petitioner made an application to the Commissioner of Police and prayed for an extension of the time within which he was to remove himself from Greater Bombay, and on this application the Commissioner of Police gave him time till the 30th of July next.
N. Joshi for the respondent.
The Judgment of the Court was delivered by MUKHERJEA J. This is an application under article 32 of the Constitution, presented by one Gurubachan Singh, praying for a writ, in the nature of mandamus restraining the respondents as well as their subordinates and successors from enforcing an externment order served on the petitioner under section 27 1 of the City of Bombay Police Act 1902 .
J. Umrigar for the petitioner.
May 7.
