High Court for State of TelanganaWP/5417/2016disposed of no costs

Marramouni Balakrishna, v. The State Of Telangana, Rep. By Its Principal Secretary,

2016-02-19Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5417 OF 2016

O R D E R

The grievance of the petitioner, a life convict who was granted parole, is that his application dated 09.02.2016 seeking extension of his parole has not been disposed of. He seeks a consequential direction to the authorities to do so.

The petitioner was granted parole for a period of thirty days under G.O.Rt.No.79, Home (Legal)) Department, Telangana State, dated 08.01.2016. It is his case that his mother is suffering from heart ailment and hyper tension and he therefore needs to attend to her. He applied under his representation dated 09.02.2016 addressed to the Principal Secretary, Home (Legal) Department, Secretariat, Telangana State, Hyderabad, seeking further extension of his parole. His grievance presently is that the said representation has not been considered and disposed of till date though the period of extension has come to an end. Learned Assistant Government Pleader for Home, having received instructions in the matter, informed this Court that the application was still pending consideration before the authority concerned. In that view of the matter, the petitioner cannot be sent back to prison till his application has been duly considered in accordance with law.

The writ petition is accordingly disposed of directing the first respondent to consider and pass appropriate orders upon the petitioner's representation dated 09.02.2016 seeking extension of his parole expeditiously and in any event, not later than two weeks from the date of receipt of a copy of this order. Pending this exercise, the petitioner shall not be sent back to prison in the light of the law laid down by a Division Bench of this Court in MOHD. IRFAN ALI, CONVICT NO.3266 V/s. STATE OF TELANGANA[1].

Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

______________________ SANJAY KUMAR, J 19th FEBRUARY, 2016 PGS [1] 2015(1) ALT 1