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2015 Supreme(AP) 321

D.B.BHOSALE, S.V.BHATT, A.SHANKAR NARAYANA
G. Archana – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: C.V. Mohan Reddy, Learned Senior Counsel
For Respondents/Defendant:P. Venugopal, Learned Advocate General

ORDER

D.B. Bhosale, Actg. C.J.

1. The question referred to this Full Bench is Whether a petition for a writ in the nature of Habeas Corpus, under Article 226 of the Constitution of India, can be entertained against the order of preventive detention passed under the provisions of Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act (Act 1 of 1986) [for short the Act] or any other enactment authorizing preventive detention?

2. The question was required to be framed in view of the order dated 11th November, 2013, passed by the Division Bench presided over by Mr. Justice Kalyan Jyoti Sengupta, the then Chief Justice, in Sare Laxmaih Naidu v. The Collector & District Magistrate, YSR District, Kadapa and others (W.P. No. 32190 of 2013). The order dated 11.11.2013 reads thus:--

"This writ petition is dismissed with liberty to the petitioner to bring fresh action before the appropriate Court ventilating his grievance, as we are of the view that going by the allegations made in this petition and the submission made by the learned counsel for the parties that the petitioner has been detained by the det





































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