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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE .

:PRESENT:

THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO:485 OF 2023

Between:

Bhukya Ramesh, S/o Eetya, Caste: Lambada, Aged about 2& years, Occ.Driver, R/o.Charla Thanda (V), Raghunathpally Mandal, Jangaon District, (presently in Central Jail, Cherlapally, Hyderabad) represented by his Wife Bhukya Sammi Bai, aged about 25 years, Occ: House Wife.

.. .Petitioner

AND

• 1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
• 2. The Executive Magistrate and Tahsildar, Raghunathpally Mandal, Jangaon District.
• 3. The Station House Officer, Prohibition and Excise, Excise Station Ghanpur, Jangaon District.
• 4. The Superintendant, Central Jail, at Cherlapally, Hyderabad.

.. .Respondents

Petition under Article 226 of lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of nature of Writ of Mandamus declaring the action of the 2nd respondent in issued the impugned Warrant in R.C.No.1O/2O22lMisclP&EiGNP, dt.04.01.2023 as illegal, arbitrary and in violation of Article 14 and 21 of the Constitution of lndia and also violative of procedure prescribed under Cr.P.C and consequently set aside Warrant in R.C.No.10/2122lMisclP&ElGNP, d1.04.01.2023 and also direct the 4th respondent to release the petitioner from the Central Jail, at Cherlapally, Hyderabad;

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to release the petitioner herein from the Central Jail, at Cherlapally Hyderabad forthwith, pending disposal of WP 485 of 2023, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SMT. MOGILI ANAVENI Advocate for the Petitioner, GP FOR REVENUE for the Respondents Nos. 1 & 2, GP FOR EXCISE for the Respondent No.3, GP FOR HOME for the Respondent No.4, the Court made the following.

ORDER:

There shall be interim direction to the respondent No.4 to forthwith release the petitioner from the Central Jail, Cherlapally, Hyderabad, pending disposal of the Writ Petition.

sDj_K.Atil[.,iAJl h5i$iST T REGIS'TR/[i1

//TRUE COPY//

SE FFICER

To,

• 1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.
• 2. The Executive Magistrate and Tahsildar, Raghunathpally Mandal, Jangaon District.
• 3. The Station House Officer, Prohibition and Excise, Excise Station Ghanpur, Jangaon District.
• 4. The Superintendant, Central Jail, at Cherlapally, Hyderabad. (Foraddresses 1 to 4 by RPAD)
• 5. One CC to SRI. MOGILI ANAVENI Advocate [OPUC]
• 6. Two CCs to GP FOR REVENUE, High Court Of Judicature at Hyderabad. lourl
• 7. Two CCs to GP FOR HOME, High Court Of Judicature at Hyderabad. [OUT]
• 8. Two CCs to GP FOR EXCISE, High Court Of Judicature at Hyderabad. [OUT]
• 9. One spare copy

HIGH COURT

BVR.J

DATED:05/01/2023

Note: List on 16.02.2023

ORDER

WP.No.485 of 2023

DIRECTION