IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION Nos.30576, 30758 AND 30583 of 2014 BETWEEN B.Lakshmi Devi, K.Naresh and Y.Guramma AND ... PETITIONERS The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
COMMON ORDER:
Heard.
2. Petitioners in W.P.No.30758 and 30576, who are the wives of the respective detenus, have questioned the orders of detention passed by respondent No.2 as confirmed by respondent No.1 under the respective G.O.Rts in these writ petitions. Petitioner in W.P.No.30583 of 2014, who is the brother of the detenu, has similarly questioned the detention order.
3. While learned Government Pleader has filed counter affidavits in all these writ petitions together with the material papers, learned counsel for the petitioners inter alia has questioned the validity of the detention orders passed by respondent No.2 on the ground that he has directed the detenus to be detained for a period of ten months in the respective impugned orders of detention, which are subject matters of these writ petitions.
4. This court considered the validity of the similar detention orders on the very same question in W.P.No.28696 of 2014 and batch, which was allowed on 21.10.2014, in view of the ratio laid down by the Supreme Court in Makhan Singh Tarsikka vs. State of Punjab
5. Since there is no controversy in these matters, the similar detention orders, impugned herein, specifying detention for a period of ten months, are therefore liable to be set aside on the very same ground.
6. In view of the aforesaid, all these writ petitions are allowed keeping open the other contentions of the respective petitioners. The detenus shall be released forthwith unless they are required in connection with any other case.
As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
Office to attach a copy of the order in W.P.No.28696 of 2014 and batch, dated 21.10.2014 to this order.
VILAS V. AFZULPURKAR, J November 6, 2014 Note:
Registry to communicate this order to the respective Prisoners forthwith by speed post.
{B/o} LMV