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High Court for State of TelanganaWP/37387/2016dismissed no costs

Shaik Abdul Wahed, v. The Roverirment Of Telangana,

2017-04-26Suresh Kumar Kait,Gudiseva Shyam Prasad2 pages

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE G.SHYAM PRASAD WRIT PETITION No.37387 of 2016 ORDER : (Oral) (Per Hon'ble Sri Justice Suresh Kumar Kait) On 25.04.2017, learned counsel for petitioner argued the sole ground that the detention order dated 10.06.2016 was passed pursuant to the issuance of G.O.Rt.No.605, General Administration (Law & Order) Department, dated 09.03.2016, is illegal and without jurisdiction for the reason that the Government, vide G.O.Rt.No.605, dated 09.03.2016, granted powers of detention to the authorities only for three months. Whereas, the detention order was passed on 10.06.2016.

2.

On the said date, learned Government counsel appearing for respondents submitted that vide G.O.Rt.No.605, dated 09.03.2016, the Government have delegated powers to the Commissioner of Police and the District Collector and three months, thereafter, the Government might have issued another G.O. delegating powers of detention to the authorities mentioned above. However, he was unable to produce it before this Court on the said day. Accordingly, the hearing was adjourned to this date. 3.

Today, learned counsel appearing for respondents has produced G.O.Rt.No.605, dated 09.03.2016, whereby, it is stated that the Government, in exercise of powers conferred under sub-section (2) of Section 3 of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, extended the period to exercise powers by all the Collectors and

SKK, J & GSP, J W.P.No.37387 of 2016 District Magistrates and the Commissioners of Police, Hyderabad, Cyberabad and Warangal, if satisfied with respect to any Bootlegger, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers, to make an order directing that such person be detained with a view to prevent them from acting in any manner prejudicial to the maintenance of the public order within the local limits of their respective jurisdictions, for a further period of three months from 21.03.2016 to 20.06.2016.

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Thus, G.O.Rt.No.605, dated 09.03.2016 is applicable with effect from 21.03.2016 to 20.06.2016, whereas, the detention order was passed on 10.06.2016, well within the period during which the said G.O. was in force. Hence, we find no ground to interfere with the impugned order of detention. 5.

The writ petition is accordingly dismissed with no orders as to costs. Pending miscellaneous applications, if any, shall stand closed. ________________________ SURESH KUMAR KAIT, J _____________________ G. SHYAM PRASAD, J 26th April 2017 ajr