CHIRRBOINA KRISHNA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner under Article 226 of the Constitution of India seeking to issue a writ of Mandamus declaring the order of preventive detention passed by the 2nd respondent vide proceedings S.B.(I).No.26/PD-DG/S-l/2013 dated 22.3.2013 and its approval by the 1st respondent vide its GO.Rt.No.1509 GAD (Law & Order.II) Department dated 2.4.2013 as illegal, unsustainable and contrary to the statutory provisions of The Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits. Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short, "the Act") and judgments of this Court and Apex Court and consequently to set aside the same.

(2.) The brief facts of the case as per the affidavit filed in support of the writ petition are that the petitioner is a resident of Marredpally, Secunderabad and doing real estate business. He is also actively participating in political activities being conducted by the Congress Party. His sister Smt. Saritha Yadav is a sitting Corporator of Marredpally Constituency; that he was implicated in false cases by his political rivalries with the help of police and a rowdy sheet was also opened against the petitioner. He states that he is a law abiding citizen and not involved in any criminal cases. There are three criminal cases registered against the petitioner which are as follows:

(3.) The petitioner further alleges that he is not a 'Goonda' as defined in the provisions of the Act and there was no subjective satisfaction arrived by the 2nd respondent to order preventive detention by invoking the provisions of the Act 1 of 1986. The 1st respondent even without applying his mind on the facts of the case, issued a G.O.Rt.No.1509 dated 2.4.2013 approving the impugned detention order. The main grounds assailed in the detention order are as follows: