Komati Raghavender Reddy , Raghu v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION No.39607 OF 2015 7th DECEMBER, 2015 Between:

Komati Raghavender Reddy @ Raghu.

.. Petitioner and The State of Telangana, represented by its Principal Secretary, Home (Prison) Department, Secretariat, Hyderabad, and another.

...Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.39607 OF 2015

O R D E R

The grievance of the petitioner, a life convict who was granted parole, is that

his application dated 27.11.2015 seeking extension of his parole has not been disposed of. He seeks a consequential direction to the authorities to do so. The petitioner was granted parole for a period of thirty days under G.O.Rt.No.874, Internal (Legal) Department, dated 06.10.2015. He was thereafter granted an extension by another thirty days under G.O.Rt.No.944, Internal (Legal) Department, dated 05.11.2015. It is his case that his mother is suffering from paralysis and kidney ailment and he therefore needs to attend to her. He applied under his representation dated 27.11.2015 addressed to the Principal Secretary, Home (Legal) Department, Secretariat, Hyderabad, seeking further extension of his parole. His grievance presently is that the said representation has not been considered and disposed of till date though the period of extension has come to an end.

Learned Assistant Government Pleader for Home, having received instructions in the matter, informed this Court that the application was still pending consideration before the authority concerned. In that view of the matter, the petitioner cannot be sent back to prison till his application has been duly considered in accordance with law. The writ petition is accordingly disposed of directing the first respondent to consider and pass appropriate orders upon the petitioner's representation 27.11.2015 seeking extension of his parole expeditiously and in any event, not later than two weeks from the date of receipt of a copy of this order. Pending this exercise, the petitioner shall not be sent back to prison in the light of the law laid down by a Division Bench of this Court in MOHD. IRFAN ALI, CONVICT NO.3266 V/s. STATE OF TELANGANA.

Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

______________________ SANJAY KUMAR, J 7th DECEMBER, 2015 Note: Issue copy by today itself.

(B/O) PGS