High Court for State of TelanganaWP/22266/2015dismissed

Puri Rajalingam v. The State Of Telangana

2015-07-17Dilip B. Bhosale,S.V.Bhatt3 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.22266 of 2015 DATED: 17.07.2015 Between:

Puri Rajalingam ... Petitioner and The State of Telangana and others ... Respondents

THE HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.22266 of 2015 PC: (per the Hon'ble The Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the petitioner.

This Habeas Corpus Writ Petition challenges the order of detention passed under Section 3(1) and (2) of the provisions of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act 7/1980). After the order of detention, dated 13.07.2015, it is not in dispute, the detenu has already made a representation, dated 14.07.2015 to the detaining authority, Advisory Board, Government of Telangana. Since no date is fixed for hearing before the Advisory Board, the petitioner has filed the instant writ petition. In our opinion, that cannot be a ground for invoking jurisdiction of this Court and the petitioner ought to have given some time to the Advisory Board to fix the date of hearing of the representation. When we so expressed, learned counsel for the petitioner prayed for withdrawal of the petition with direction to the Advisory Board to consider and decide detenu's representation within

time frame.

Petition is disposed of as not pressed. We hope and trust that the Advisory Board, Government of Telangana shall consider and decide the detenu's representation after giving him an opportunity of being heard as expeditiously as possible and preferably, within a period of six weeks from today. All contentions on merits are kept open. It is also open to the detenu to challenge the order of the Advisory Board, if it is adverse to him.

Consequently, miscellaneous petitions, if any, also stand disposed of.

________________________ DILIP B. BHOSALE, ACJ 17th JULY, 2015.

_____________ S.V. BHATT, J Note: issue c.c. in three days.

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