IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 19640 of 2009 Between: Balagowni Balaraj Goud, SS/o. B. Lingamaiah Goud, R/o. 302, S.M.R. Residency, Himayath Nagar, Hyderabad. ..... PETITIONER AND 1 Union of India, Through its Secretary, Ministry of Home Affairs, North Block, New Delhi - 110 001. 2 State of Anhra Pradesh, Through its Secretary, Department of Home, Secretariat, Hyderabad. 3 Mr.C.V. Anand, Director of Enforcement, Mahaboobnagar District, Andhra Pradesh. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ order or direction more particularly one in the nature of Writ of "Certiorari" quashing the detention order, if any, against the Petitioner as the same would have passed under grab of preventive detention in violation of the fundamental rights guaranteed under Article 19(1)(d)(g) and 21 of the Constitution of India and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.P.RADHIVE REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 19640 of 2009 ORDER: 1 The petitioner approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that this High Court will be pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of "Certiorari" quashing the detention order, if any, against the Petitioner as the same would have passed under grab of preventive detention in violation of the fundamental rights guaranteed under Article 19(1)(d)(g) and 21 of the Constitution of India and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case.” 2 On written instructions from the Director of Enforcement Proh. & Excise, the learned Assistant Government Pleader submitted that two crimes have been registered against the petitioner i.e. Cr.No.158 of 2005-06 by the Marpally Excise Station, Ranga Reddy District and Cr.No.304 of 2006-07 by the Zaheerabad Excise Station, Medak District. Thereafter charge sheets were filed and they were numbered as S.C.No.18 of 2007 and 85 of 2007 respectively and are pending before the competent criminal courts. It is further submitted that as of now the officials of the department of Prohibition & Excise are not trying to detain the petitioner. 3 In the light of the said written instructions, this court is of the view that the lis in this Writ Petition does not survive. 4 Accordingly, this Writ Petition is dismissed. _________ 23.09.2009 kvsn