HONOURABLE SRI JUSTICE A.GOPAL REDDY AND HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No. 4077 of 2011 Between: Kunchapu Ramulamma …. Petitioner and The Government of Andhra Pradesh, rep. by its Chief Secretary, Secretariat and others. …. Respondents This court made the following: HONOURABLE SRI JUSTICE A.GOPAL REDDY AND HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.4077 of 2011 ORDER :- (per AGR, J) This writ petition has been filed by the mother of Kunchaphu Rambabu (hereinafter referred to as “the detenu”), who is detained by virtue of an order of detention, dated 18.11.2010, made under Section 3(2) read with Section 3(1) of A.P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (Act 1 of 1986), as confirmed by the Government in G.O.Rt.No.264, General Administration, (Law & Order.II) Department, dated 19.01.2011, for issuing a direction to the respondents to produce the detenu detained in Central Prison, Cherlapally and to release him forthwith. 2. Briefly stated the alleged activities of the detenu as set out in the grounds of detention, dated 18.11.2010, are that prior to the detention, the alleged detenu was arrested in the following cases booked by the Collector & District Magistrate, Khammam. 1. OR.No.25/OR/2010-11 dated 14.05.2010 of Tallada Range, the alleged detenu was charged for the offences under Section 20 (1) (c) (ii) and (vi) (vii) and punishable under Section 20 (d) (ii) of A.P. Forest Act, 1967 (for brevity, “the Act”) and also contravened Section 2 and punishable under Section 3 (A) of Forest (Conservation) Act, 1980. 2. OR.No.46/OR/2010-11, dated 12.06.2010 of Tallada Range, the alleged detenu was charged for the offences under Section 20 (1) (c) (ii) and (vi) (vii) and punishable under Section 20 (d) (ii) of the Act and also contravened Section 2 and punishable under Section 3 (A) of Forest (Conservation) Act, 1980. 3. OR.No.62/OR/2010-11, dated 28.06.2010, of Tallada Range, the alleged detenu was charged for the offences under Section 20 (1) (c) (ii) and (vi) (vii) and punishable under Section 20 (d) (ii) of the Act and also contravened Section 2 and punishable under Section 3 (A) of Forest (Conservation) Act, 1980. 3. In all the above cases, it is alleged that the detenu is the main culprit encouraging the villagers for encroaching the Reserved forest; erecting huts in the reserve forest area; and causing damage to the natural forest and environment again and again in Compt No.58 and 59 of Gubbagurthi Reserved Forest of forest Range, Tallada. The prosecution orders have been issued against the detenu on 18.11.2010. The District Magistrate and Collector, Khammam District in exercise of the powers vested in him under sub-sections (1) and (2) of Section 3 of the Act 1/1986 ordered for his detention until further orders and be lodged in Central Prison, Cherlapally, Ranga Reddy District, by the impugned order. The Government in their order in G.O.Rt.No.5729, General Administration (Law & Order.II) Department, dated 25.11.2010, in exercise of the powers conferred under sub- Section (3) of Section 3 of the Act 1 of 1986, accorded approval to the order of detention passed by the Collector. Thereafter, the Government referred the matter to the Advisory Board constituted under Section 9 of the Act 1 of 1986, which after hearing the detenu, the Investigating Officers and after perusing the connected records made available to it, opined that there is sufficient cause for the detention of the detenu, Kunchapu Rambabu. The Government after taking into consideration the report of the Advisory Board and the material available on record, in exercise of the powers conferred under sub-section (1) of Section 12 r/w 13 of the Act 1/1986, through G.O.Rt.No.264, General Administration (Law & Order.II) Department, dated 19.01.2011, confirmed the order of detention and directed that the detention of the detenu be continued for a period of 12 months from the date of his detention i.e., 25.12.2010. Challenging the said detention order, this writ of Habeas Corpus has been filed by the mother of the alleged detenu. 4. Learned counsel for the petitioner and the learned Government Pleader for the respondents fairly conceded that this court in the similar facts and circumstances in W.P.No.1834 of 2011, dated 22.06.2011, quashed the detention order passed by the detaining authority-2nd respondent and following the same, these writ petitions have to be allowed by quashing the detention order. 5. Following the judgment as referred to above and for the reasons stated therein, this writ petition is allowed and the detention order passed by the Collector & District Magistrate, Khammam, as confirmed by the Government in G.O.Rt.No.264, General Administration (Law & Order-II) Department, dated 19.01.2011, is hereby quashed. The detenu Kunchapu Rambabu, son of Venkati, is set at liberty forthwith, if he is not required in any other case. ________________ A. GOPAL REDDY, J _____________ RAJA ELANGO, J 29.06.2011 Lmv HONOURABLE SRI JUSTICE A.GOPAL REDDY AND HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No. 4077 of 2011 Date: 29 - 06 – 2011 lmv