AKSHAY DIGAMBAR GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. Shri S.S. Doifode, learned A.P.P. waives service for Respondents. With consent of the learned Counsel for the parties, the Writ Petition is taken up for final hearing.

(2.) By this Writ Petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has raised a challenge to the order of detention passed under Sec. 3[2] of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, DrugOffenders and Dangerous Persons Act, 1981 (MPDA) by the respondent no.2 dtd. 18/11/2024. He has also raised challenge to the order of approval dtd. 29/11/2024 passed by the respondent no.1. The learned Counsel appearing for the petitioner submits that after approval of the order by the respondent no.1, again on 9/1/2025, the respondent no.1 was pleased to confirm the order passed by the respondent no.2 after receiving the opinion of the Advisory Board, and therefore, he seeks leave to amend so as to challenge the order dtd. 9/1/2025. We grant leave to amend to that effect. Necessary amendment be carried out forthwith.

(3.) The learned Counsel for the petitioner has mainly attacked the order of detention on three grounds by submitting that if these three grounds are considered, then the order of detention may not sustain. The same are as under :