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2025 DAILYLAW 52967 (AP)

ISLAVATTHU DEVI v. THE STATE OF AP

WP/18812/2025 · 2025-11-03

Cheekati Manavendranath Roy, Tuhin Kumar Gedela

body2025

Judgment text

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(ADVANCE ORDER) APHC01037:!032(i:25 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TLIHIN KUMAR GEDELA WRIT PETITION NO: 18812 OF 2025 Between: Islavatthu Devi, W/o. Islavatthu Ramu, Aged 39 Years, Occ: Labour, R/o. H.No. 14-62/A, Nagiredcligudem Village, Chinthalapudi Mandal, Eluru District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Chief Secretary, General Administration (Law & order) Department, Secretariat Buildings, Amaravathi at Velagapudi, Guntur District. 2. The District Collector & Magistrate, Eluru District, At Eluru. 3. The Superintendent of Police, Eluru District, At Eluru. 4. The Superintendent, Centra! Prison, Rajarnahendravaram, East Godavari District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased 1o issue writ order or direction more particularly one in the nature of writ of Habeas Corpus, directing the Respondent to produce the Detenue Viz., Islavathu Ramu, S/o. Islavathu Saviyya aged 49 years, who is now detained in Central Prison, Rajamaheridravaram, East Godavari District before this Hon’ble Court and .order for his release forthwith, after declaring his V detention Order passed by the 2"^ Respondent dated 26.06.2025 vide Pro. In Respondent vide G.O. Rt. •• jf St 202/2025/C, as confirmed by the 1 Kfo.VJeS, General y\dnninistration (SC-I) Department dated 06.08.2025, as being illegal, arbitrary and un constitutional and violative of Article 21 and 22 Of the Constitution of India and set-a-aside the same. Consequently, direct the Respondents to release the Petitioner husband i.e. detained Islavathu Ramu, S/o. in Central Prison, Islavathu Saviyya, who Rajamahendiravaram, East Godavari District. Main Prayer was amended as per 2025 in W.P.No.18812 of 2026. Counsel for the F^etiitioner: SRI BAEIUJI FENMETI Counsel for the F?espondents: ADDL. ADVOCATE GENERAL IS now C.O. dt.22.09.2025 Vide I.A.No.1 of The Court made the follovy'ing order; r THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HON’BLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION N0.18812 of 2025 ADVANCE ORDER: Resultantly, the Writ Petition is allowed setting aside the impugned order of preventive detention, passed by respondent No.2 dated 26.06.2025, against the detenu, who is the husband of the petitioner by name Islavathu Ramu and the consequential G.O.Rt.No.1468, General Administration (SC-I) Department, dated 06.08.2025 that was passed confirming the said order. The detenu by name Islavathu Ramu shall be forthwith released and set at liberty, if not required in any other case. There shall be no order as to costs. (Detailed order follows..) Sd/- U SRIDEVI DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chief Secretary, General Administration {La\i\/ & order) Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi at Velagapudi, Guntur District. 2. The District Collector & Magistrate. Eluru District, At Eluru. 3. The Superintendent of Police, Eluru District, At Eluru. 4. The Superintendent, Centra! Prison, F’ajamahendravaram Godavari District. 5. One CC to Sri Babuji Tenneti, Advocate [OPUC] 6. Two CC to Addl. Advocate General, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies East RAM I 1 HK3H COURT DATED :04/11/2025 ff( 0 5NnV 2025 ★X^fffent ieciion/Jfc- ADVANCE ORDER WF».NO. 18812 OF 2025 ALLOWING THE WP WITHOUT COSTS