Smt.. G. Sarada, v. The State Of Telangana

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.1678 of 2017 DATE:- 18-07-2017 Between:

Smt.G.Sarada ..... PETITIONER AND The State of Telangana, rep.by its Principal Secretary, General Administration Department (Law & Order) Secretariat, Hyderabad and another .....RESPONDENTS COUNSEL FOR THE PETITIONER : Sri CH DHANAMJAYA COUNSEL FOR RESPONDENTS : G.P.FOR HOME (TG) THE COURT MADE THE FOLLOWING:

CVNR,J & MSKJ,J WP.1678 of 2017 THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL WRI T PETI TI ON No.1678 of 2017 JUDGMENT: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) Order dated 27.12.2016 of respondent No.2, whereby the husband of the petitioner, by name, Gumpula Shiva Kiran @ Shiva @ Panjagutta Shiva, (for short "the detenu"), was detained, treating him as "Immoral Traffic Offender", is questioned in this writ petition. During the hearing, Mr.Ch.Dhanamjaya, learned counsel for the petitioner, submitted that in all cases where preventive detention orders were passed against immoral traffic offenders, this court has been quashing the detention orders, subject to the condition that the detenu must leave the areas within which he was allegedly carrying on immoral and illegal activities. The learned Government Pleader for Home (TS) has conceded the said submission.

In the light of the above submissions, the impugned order, dated 27.12.2016, is set aside and the detenu-Gumpula Shiva Kiran @ Shiva @ Panjagutta Shiva, S/o.late G.Swamy Das shall be released forthwith from detention, subject to the conditions that he shall, on his release, leave the areas falling under Hyderabad and Cyberabad Commissionerates and shall not re-enter the said areas till 27.12.2017, and to that effect, he shall file an undertaking in writing addressed to respondent No.2 and handover the same to the Superintendent, Chanchalaguda Central Prison, Hyderabad, in which he is presently detained, before he is released from the Central Jail,

CVNR,J & MSKJ,J WP.1678 of 2017 and that in the event the detenu violates the undertaking, as above, respondent No.2 is at liberty to take action, in accordance with law. The writ petition is, accordingly, allowed.

________________________ C.V.NAGARJUNA REDDY,J __________________ M.S.K.JAI SWAL,J Date: 18.07.2017 Dsr