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Bombay High Court

VARUN SUNDAR SHETTYversusDIVISIONAL COMMISSIIONER AND ANR

Decided
Disposal
Disposed Off

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.]




SAINATH                         2/2


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