WP/24008/2004 of Borra Venkata Swamy, Vs Government of Andhra Pradesh, on 31 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE BILAL NAZKI

and THE HON'BLE DR JUSTICE G.YETHIRAJULU

WRIT PETITION NO : 24008 of 2004

Between:

Borra Venkata Swamy, S/o Venkateswara Rao, R/o Nidamarru, Kruthivennu Mandal, Krishna District.

AND

..... PETITIONER

1 Government of Andhra Pradesh, rep. by its Secretary, Home Department, Secretariat Buildings, Hyderabad. Secretariat Buildings, Hyderabad.

2 Collector and District Magistrate, Krishna District, Machilipatnam.

3 Superintendent of Central Prison, Rajahmundry.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ of Habeas Corpus directing the respondents to produce BurraVenkateswara Rao son of Pothuraju, resident of Nidamarru village, KruthivennuMandal, Krishna District presently detained in Central Prison, Rajahmundry andrelease him forthwith by declaring the order of detention in Rc.No.2927/2004/C1dated 28-10-2004 passed by the second respondent as illegal and unconstitutional.

Counsel for the Petitioner: MR.K.SURESHREDDY

Counsel for the Respondents: THE ADVOCATE GENERAL

The Court made the following :

HON’BLE MR. JUSTICE BILAL NAZKI

AND

HON’BLE DR. JUSTICE G. YETHIRAJULU

W.P.No. 24008 of 2004

ORDER: (Per Hon’ble Mr. Justice Bilal Nazki)

Learned counsel for the petitioner submits that the detenu hasalready been released. As such the writ petition has becomeinfructuous which is accordingly dismissed.

_______

BN J.

Dt.31.12.2004

KR

_______

GYR J.

ASST. REGISTRAR

To

1 Government of Andhra Pradesh, rep. by its Secretary, Home Department, Secretariat Buildings, Hyderabad.

2 Collector and District Magistrate, Krishna District, Machilipatnam.

3 Superintendent of Central Prison, Rajahmundry.

4. 2CCs to Advocate General, High Court Buildings, Hyderabad (out)

5. 2CD copies