N.S.HEGDE, S.B.SINHA
District Collector, Ananthapur – Appellant
Versus
V. Laxmanna – Respondent
Judgment
Santosh Hegde, J.—Leave granted.
2. The grievance of the State Government in this appeal primarily is that the High Court erred in quashing the detention order on the ground that some of the instances relied upon by the detaining authority being stale the entire detention order becomes invalid. So far as this grievance of the appellant-State is concerned the same is since addressed to by us in our judgment in the case of The Collector & District Magistrate, W.G. Dist. Eluru, Andhra Pradesh & Ors. Vs. Sangala Kondamma [2004 (10) Scale 315] wherein we have held:
“thus, if the facts placed before the detaining authority are proximate to each other and the last of the fact mentioned is proximate to the order of detention then the earlier incident cannot be treated as stale and the order cannot be set aside.”
The principle extracted herein above from the case The Collector & District Magistrate, W.G. Dist. Eluru, Andhra Pradesh & Ors. (supra) applies to the facts of this case also.
3. In the above case of The Collector & District Magistrate, W.G. Dist. Eluru, Andhra Pradesh & Ors. (supra) even though we held the order of the High Court was unsustainable, we did not interfere with th
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