( 1 ) THIS is a petition under Article 226 of the Constitution of India for a writ of mandamus directing the respondents to classify the petitioner as a detenu in class 1 in accordance with the Provisions of M. P. Detention Order, 1971.

( 2 ) THE petitioner has been detained in the Sub Jail, Narsingarh, District Rajgarh as a result of an order dated 27-11-1975 passed by the District Magistrate, shajapur, respondent No. 1, under the Maintenance of Internal Security Act, 1971. There is no dispute that no order is specifically passed regarding the classification of the petitioner as a detenu on account of which he is presumed to have been placed in Class II in accordance with the proviso under Sub-rule (2) of Rule 4 of the M. P. Detention Order, 1971 and that he is being so treated.

( 3 ) THE petition alleges that the detenu aged about 57 years, is a Law Graduate of 1945 and has been a practising Advocate of this Court with headquarters at shajapur, ever since the year 1947. One son of the detenu is also an Advocate like him while the other is an Engineering Graduate. The detenu claims a high social status having been President of the Municipal Council, Shajapur from 1962 to