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High Court for State of TelanganaWP/157/2016allowed no costs

Smt.P.Rama Devi, v. The State Of Telangana,

2016-06-21C.V.Nagarjuna Reddy,Gudiseva Shyam Prasad3 pages

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G.SHYAM PRASAD W.P.No. 157 OF 2016 DATED 21ST JUNE, 2016 Between:

P.Rama Devi ... Petitioner AND The State of Telangana, Rep. by Principal Secretary, Home Department, Secretariat Buildings, Hyderabad, and others ... Respondents Counsel for the petitioner : Sri Ch.Ajay Kumar Counsel for the respondents : G.P. for Home (T.S.) THE COURT MADE THE FOLLOWING

ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) Detention of one Pagadala Anjali @ Dasari Anjali @ Chitti @ Kumari @ Rani (hereinafter referred to as 'the detenue'), under the provisions of Section 3 (2) of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, is questioned by her mother in the present Writ Petition.

2. The gravamen of the allegation against the detenue is that she has been running brothel houses in an organized manner and, in connection therewith, as many as 13 criminal cases were registered against her.

3. When this case came up before us on 07-06-2016 and 14-06-2016, learned counsel for the petitioner sought for an adjournment for filing an affidavit of the detenue that, as suggested by this Court, she will leave Hyderabad for a period of one year. Accordingly, an affidavit has been filed by the detenue on 17-06-2016, wherein she has inter alia stated that as per the suggestion of this Court, she will leave Hyderabad for a period of one year. When this Court has pointed out that the term 'Hyderabad' is vague, Sri Ch.Ajay Kumar, learned counsel for the petitioner, submitted that her client is prepared to leave the Telangana State itself for a period of one year as she is the native of Guntur District. He further submitted that her client is prepared to give an undertaking to this effect.

4. Learned Government Pleader for Home (T.S.) has submitted that if the detenue does not enter the commissionerate area of respondent No. 3 at least for a period of one year, the Court may consider passing appropriate orders.

5.

In the light of the above facts, the impugned detention order is set aside subject to the following terms:

(i) The detenue shall leave the Hyderabad Metropolitan Development Authority Area and live outside the said area at least for a period of one year; and (ii) The detenue shall submit a written undertaking to the above mentioned effect addressed to respondent No. 3 and handover the same to the Superintendent, Central Prison for Women, Chenchalguda, Hyderabad, before she is released from the jail.

6. The Writ Petition is, accordingly, allowed.

7. As a sequel to disposal of the Writ Petition, W.P.M.P.No. 205 of 2016 shall stand disposed of as infructuous.

________________________ C.V.NAGARJUNA REDDY, J.

___________________ G.SHYAM PRASAD, J.

Date: 21-06-2016.

JSK