Kondaiah Gouribai v. The Government Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.4769 of 2014 ORDER:

Heard learned counsel for the petitioners as well as learned Government Pleader appearing for respondent Nos.1 to 3. 2.

The prayer sought in the writ petition is as under:- "...to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the petitioner Kondaiah Gouribai (Convict No 4150) S/o.Sayanna, Aged about 53 years, and Anjaiah Thallapally (Convict no.4117) S/o Venkataiah, Aged about 30 years cases, for remission pursuant to a policy decision taken in Para No.4 (ix) of GOMS 220 Dated 28.09.2013 as malafide and arbitrary and to set-aside the entire GOMS 220 Dated 28.09.

2013 on the ground of it being unconstitutional, arbitrary, illegal, violative of Principles of Natural Justice, politically motivated, contrary to the various Statuary Provisions and Fundamental Rights guaranteed under Article 14, 21 and Article 300-A of the Constitution of India and it is further consequently prayed that this Hon'ble Court may be pleased to direct the Respondent No.1 to forthwith release the life-convicts, Kondaiah Gouribai (Convict No.4150) S/o.Sayanna, Aged about 53 years, and Anjaiah Thallapally (Convict no.4117) S/o.

Venkataiah, Aged about 30 years, from the 3rd Respondent Prisoners Agricultural Colony, Cherlapalli, (Open Air Jail) Ranga Reddy District by considering them on par with other similarly situated prisoners' considered earlier as per GOMS 195 dated 30/06/1995 and other statutory provisions framed thereafter from time to time, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." 3.

During the course of hearing, learned Government Pleader brought to the notice of this Court that G.O.Ms.No.220, dated 28.09.2013, is not being followed and the same has been replaced by G.O.Ms.No.38 Home (Legal) Department, dated 28.03.2016. 4.

The basic grievance of the petitioners in the present writ petition is that their case is not being considered in tune with para No.4 (ix) of G.O.Ms.No.220, dated 28.09.2013, and the same is

malafide, arbitrary and consequently set aside the same on the ground it being unconstitutional, illegal, violative of principles of natural justice, politically motivated, contrary to the various statutory provisions and fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India.

5.

Now, it is brought to the notice of this Court that G.O.Ms.No.220, dated 28.09.2013 is not in force and, therefore, practically the writ petition has become infructuous. However, since the Government have issued fresh orders vide G.O.Ms.No.38 Home (Legal) Department, dated 28.03.2016, the petitioners' case has to be considered in the light of the guidelines framed therein. 6.

Accordingly, the writ petition is disposed of directing respondent Nos.1 to 3 to consider the case of the petitioners in compliance with G.O.Ms.No.38 Home (Legal) Department, dated 28.03.2016, and pass appropriate orders within a period of four weeks from today. However, if the petitioners are aggrieved by the orders passed pursuant to G.O.Ms.No.38 Home (Legal) Department, dated 28.03.2016, liberty is given to them to question the same, as per law. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ___________________ P. KESHAVA RAO, J 10th January 2020 Note:

Issue C.C. today.

(b/o) mar