High Court for State of TelanganaWP/13858/2017disposed of no costs

G. Durga Devi, v. The State Of Andhra Pradesh,

2017-09-123 pages

HON'BLE SRI JUSTICE SANJAY KUMAR AND HON'BLE Dr. JUSTICE SHAMEEM AKTHER WRIT PETITION No.13858 OF 2017 ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) Challenge in this writ petition was to the order of detention dated 15.10.2016 passed by the Collector and District Magistrate, East Godavari District, Kakinada, in exercise of the power conferred under Section 3(2) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for brevity, 'the Act of 1986'). The detention was approved by the Government of Andhra Pradesh vide G.O.Rt. No.2182 dated 24.10.2016 and was thereafter confirmed vide G.O.Rt. No.2649 dated 29.12.2016 for a period of 12 months from the date of detention, i.e., 17.10.2016.

It is now brought to our notice by Sri G. Vijay Saradhi, learned counsel for the petitioner, that the petitioner, being the wife of the detenu, addressed letter dated 17.03.2017 to the authorities seeking release of the detenu. As such power vests in the Government under Section 15 of the Act of 1986, it is for the Government of Andhra Pradesh to consider the petitioner's representation under the said provision and take a decision in the matter.

The writ petition is accordingly disposed of directing the Government of Andhra Pradesh to consider the petitioner's representation dated 17.03.2017 under the provisions of Section 15 of the Act of 1986 and take a decision thereon, as expeditiously as possible and in any event, not later than one week from today.

SK,J & Dr.SA,J W.P. No.13858/2017 Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

______________________________ SANJAY KUMAR, J ______________________________ Dr. SHAMEEM AKTHER, J Date: 12-09-2017.

Note:

Issue C.C. by tomorrow B/o.Dsh

SK,J & Dr.SA,J W.P. No.13858/2017 HON'BLE SRI JUSTICE SANJAY KUMAR AND HON'BLE DR. JUSTICE SHAMEEM AKTHER C.C. by 13.09.2017 WRIT PETITION No.13858 OF 2017 (Order of the Division Bench delivered by Hon'ble Sri Justice Sanjay Kumar) Date. 12-08-2017 DSH