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High Court for State of TelanganaWP/1977/2017allowed no costs

Nallapati Mohan Rao, v. The State Of Telangana

2017-07-18C.V.Nagarjuna Reddy,M.S.K.Jaiswal2 pages

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTICE M.S.K.JAISWAL WRIT PETITION No.1977 of 2017 DATE:- 18-07-2017 Between:

Nallapati Mohan Rao ..... PETITIONER AND The State of Telangana, rep.by its Principal Secretary, (Political) General Administration Department, Secretariat Buildings, Saifabad, Hyderabad and 2 others .....RESPONDENTS COUNSEL FOR THE PETITIONER : Mrs. DEEPIKA GADDE COUNSEL FOR RESPONDENTS : G.P.FOR HOME (TG) THE COURT MADE THE FOLLOWING:

CVNR,J & MSKJ,J WP.1977 of 2017 THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL WRI T PETI TI ON No.1977 of 2017 JUDGMENT: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for issue of Certiorari to quash the order in Rc.No.C1/5534/2016, dated 31.12.2016, of respondent No.2, as confirmed by G.O.Rt.No.36, General Administration (Spl. Law & Order) Department, dated 06.01.2017.

At the hearing, the learned Govt.Pleader for Home (TS) has fairly conceded that the issue raised in this writ petition has been decided by the Supreme Court in V.Shantha v. State of Telangana and ors.1 whereby, the Supreme Court has quashed the preventive detention of the detenu before it. The learned Govt. Pleader further conceded that the ratio in the said order squarely applies to this case also and that the impugned orders of the detention are liable to be quashed following the said judgment. In the light of the above submission, the impugned detention orders are set aside and the detenu-Chennupati Vengala Rao, S/o.Rattaiah shall be released forthwith from detention, unless he is required in connection with any other case or crime.

The writ petition is, accordingly, allowed.

As a sequel to disposal of the writ petition, WPMP No.2275 of 2017, filed by the petitioner for interim relief, shall stand disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY,J __________________ M.S.K.JAI SWAL,J Date: 18.07.2017 Dsr 1 Unreported SC judgment in Crl.A.No.965 of 2017, (arising out of SLP(Crl.)No.3651 of 2017) Dt.24.05.2017