Bombay High Court
VARUN SUNDAR SHETTYversusDIVISIONAL COMMISSIIONER AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- N JAMADAR
Holding
The Appellate Authority must list the Externment Appeal on 19 January 2026 and decide it within one month, ensuring an expeditious hearing.
Summary
Varun Sundar Shetty filed a writ petition challenging the delay in hearing Externment Appeal No. 22/2025, which was filed in February 2025 against an externment order dated 10 January 2025. The Appellate Authority had not listed the appeal for hearing. The petitioner argued that the statutory remedy of appeal was being frustrated by the delay. The Court directed the Appellate Authority to list the appeal on 19 January 2026 and to decide it within one month, on its merits and in accordance with law. The petition was thereafter disposed.
Issues considered
- Whether the delay in listing Externment Appeal No. 22/2025 violates the statutory right to a speedy hearing
- Whether the Appellate Authority can be directed by the High Court to list and decide the appeal within a specified time
Subjects
- externment
- appeal delay
- writ petition
- expeditious hearing
- criminal appellate jurisdiction
Judgment
907-WP-6827-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 6827 OF 2025
Varun Sundar Shetty ..Petitioner
Versus
Divisional Commissioner & Ors. …Respondents
Mr. Irfan A. Shaikh, for the Petitioner.
Mr. A. R. Metkari, APP for the Respondent-State.
CORAM: N. J. JAMADAR, J.
DATE : 8th JANUARY 2026
P.C.:
1. Heard the learned Counsel for the petitioner.
2. The petitioner is aggrieved by delay in hearing of the
Externment Appeal No. 22/2025 preferred by the petitioner
against an order of externment passed by the Competent
Authority on 10th January, 2025.
3. It is submitted that, the appeal was preferred in the
Digitally signed
by ARUN
month of February, 2025. However, the Appellate Authority has
ARUN RAMCHANDRA
RAMCHANDRA SANKPAL
SANKPAL Date:
2026.01.12
20:18:16 +0530
not yet listed the Appeal for hearing.
4. As the petitioner has invoked the statutory remedy of
appeal against the externment order, the Appellate Authority
(R1) is directed to list the Appeal for hearing on 19 th January,
2026 and hear and decide the appeal as expeditiously as
SAINATH 1/2
907-WP-6827-2025.DOC
possible and, preferably, within a period of 1 month from 19 th
January, 2026, on its own merits and in accordance with law.
5. The petition stands disposed.
[N. J. JAMADAR, J.]
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