ORDER :

R. DEVDAS, J.

After accepting notice on behalf of the respondents, learned Additional Advocate General had raised a preliminary objection that this writ petition in the nature of habeas corpus is not maintainable for the reason that the prayer in the writ petition is to quash the detention order dated 02.03.2023 at Annexure-K passed by respondent No.1-State of Karnataka, Home Administration Department, represented by its Under Secretary. In the said order dated 02.03.2023, the State Government had confirmed the order of detention passed by the Deputy Commissioner, Gadag District on 30.01.2023. This court had requested the learned counsel for the petitioner and the learned AAG to assist the court to consider the preliminary objection raised at the hands of the learned AAG.

2. Learned AAG has drawn the attention of this court to a recent decision of the Hon’ble Supreme Court in the case of Home Secretary (Prison) and Others vs H.Nilofer Nisha reported in (2020) 14 SCC 161. We also found that a similar view was taken by the Hon’ble Supreme Court in another recent decision in the case of Serious Fraud Investigation office vs. Rahul Modi and Another reported in (2019) 5 SCC 266.

3.