Allowed

Tank Ajith Singh v. The State of Telangana

Telangana HC14 Jul 2021WP/13973/2021

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of parole extension applications and sought condonation of over-stay. The court found parole had been granted but overstayed due to ill health of parents. It condoned the over-stay for specific periods and directed petitioners to report.

What did the court decide?

Over-stay periods for petitioners 1&2 (21.06.2021 to 15.07.2021) and petitioner 3 (26.06.2021 to 15.07.2021) were condoned; report directed by 16.07.2021.

Tank Ajith Singh Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2021)

¶1

HIGH COURT FOR THE SI TE LAN GANA AT HYDE JiJE DOF (Speciat originat JuiiJoiction;

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WEDIE,-SPTY, THE FOURTEENTH DAY OF JULY TWo THOUSAND AND rwrr.riV oill "".^,

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PRESENT

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THE HON,BLE SRI JUSTICE K. LAKSHMAN

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Between:

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WRIT P ETITION NO: 13973 0F 2021

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i, i: a{, ;*rurtl:ffi ru'ill,,#c; {3i{:[rix[ffi n:;

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$#J:t'S,9jflrut|^{of H No.2-6111' HanumanNagar, Dharmkanta,} siddipet (Town),

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AND

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...PETITIONERS

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¶12

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3 4 5ftr,;nil$ruru:r'""S,mirn:sl**n+,ffi ;:

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...RESPONDENTS

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Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue an order or direction more particurarry one in the nature of writ of Mandamus decraring that the orders in Memo No.3588/sER./A2l2021 Dated 24t6t2o21,Memo No.3589 rsER"A2r2o21 Dated 24t06t2021 and Memo No.2413isER.r ,tA2r2o21 Dated 2410612021 passed by the 1st respondent in rejecting the apprications of the petitioners for extension of parore is, highry arbitrary, bad, iregar and against the directions of the Hon'bre supreme court of lndia and consequenry condone the over stay of the petitioners 1 and 2 rrom 22t06t2021 and over stay of the petitioner No.3 from ZZ1061202l

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(Prayer is amended as. per Court Order dated 14.07 .2021in l.A.No.2 of 2021)

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IA NO: 10F 2021

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Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents not to insist the petitioner to surrender on 2210612021 before the centrar Prison, cherrapaily, Medchar District pending consideration of the apprication dated 1410612021 for extending the parole for a period of three months from 22t06/2021 to 2110912021 in respect of petitioners No.'l and 2 and from 27/06/2021 to 2610912021 in respect of petitioner No.3 for the purpose of attending on their parents who are seriously ill.

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Counsel for the Petitioners: SRI p. PRABHAKAR REDDy

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Counsel for Respondents: AGP FOR HOME

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The Court made the following: ORDER

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THE HONOURABLE^{SRI JUSTICE K'LAKSHMAN} WRIT PETITION^{No. 13973 0F 202t}

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ORDER:

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ThisWritPetitionisfiledtodeclareactionofrespondentNo.lin not considering^{the applicationdated 14'06'2021for extending the} parole for a^{periodof three monthsftom 22} '06^{'2021Io 2LO9'2021 it} rrrspect of^{petitionerNos.1 and 2 and lrom27 '06'2021 to 26 'O9 '2021} in respect of^{petitioner No.3 for the purpose of attendingtheirparents} who are seriouslY^{ill, as illegai.}

¶26

A perusal of the^{recordwould revealthat the parole was granted} to the petitioners^{herein. The same was extendedfrom to time' It was} lastly extended up to^{21.06,2,02I in respect of petitionerNos' 1 and 2} and 26.06.2021 in^{respect of petitioner No'3 They have over-stayed} beyondtheperiodofparole.Tlreyhavesubmittedrepresentations seeking extension of^{their parole and the same wererejectedvide} Memo Nos.3588/SER.IIIA2 I^{2021, 3589/SER'III/A2 I 2O2land 2413 I} SER.lll/A2/2O27, all^{d'aled, 24.06.2021by the 1st respondenton the} ground that the request of the^{petitionersis not feasible'}

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In view of the above, at this^{stage, the petitioners hereinhave} fi1ed I.A.No.2 of 2021, to amend^{prayerin the Writ Petition as to} challenging the very memoranda vide Memo Nos.3588/SER.III/A2/ 202i, 3589/SER.IIII A2l2O2I and 2413/SER. 1IIlA2l2021 all dated 24.06.2021, and also to condone the over-stay period of the petitioners herein and the same is allowed vide separate order.

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Heard Sri P.Prabhakar Reddy, learned counsel for the petitioners and the learned Assistant Government pleader for Home and perused the record.

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According to the learned counsel for the petitioners, the parole granted in favour of the petitioner Nos. 1 and 2 was expired on 21.06,2021 and 1n respect of petitioner No,3, on 26.06.2O2I. Therefore, they were overstayed lrom 2I.06.202I and 26.06.2021.In the aflidavit, there is specific mention that they were over_stayed due to ill-health of their parents. Learned counsel for the petitioners has also relied upon the order passed by the Honbie Apex court in suo_ moto W.P.(C\ No. 1 of 2020. Learned. counsel for the petitioners though sought amendment of prayer in the writ petition to challenge memoranda dated 24.06.202r, he has restricted relief to condone the over-stay period.

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Considering the said facts, the over-stay period of the petitioner Nos. 1 and 2 from 21.06.2021 to IS.OZ.2021 and petitioner No.3 from 26.06.2021 to 7S.OT.2O2I is condoned. It is directed that the petitioners shal1 report to the 4*r respondent by 16.07.202I without fai1.

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With the said directions, the Writ petition is disposed of.

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Miscellaneous Petitions, if any, pending, shall also stand closed.

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To,

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SD/.K.AMMAJI ASSISTANT REGISTRAR //TRUE COPY// (. [,, SECTION OFFICER

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1 The Se^cretary, Home Department, Burgula Rama Krishna Rao Bhavan, STH Tank Uun0, Secretariat, HVderabad.

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2a The Commissioner oi Police, Siddipet. Siddioet District. The Station House officel siddipei T_own p6tice sration, siddipet, siddipet District.

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4 rhe Superintendent of Jails, cen]ral prison, .iir,?B[SX,?t"lS.:*U|i:

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One CC to Sri P,Prabhakar Reddv,Advocate topuit^'

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1. Two CCs-to GP Fo.r Home, High^-Court for the Statebf Telangana. [OUT]

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1. Two CD Copies B. One Spare Copy

MBC

*_-

HIGH^COURT

DATED:^1410712021

.!{:

ORDER

WP.No.13973^{of 2021}

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Y^*
-.{'
o

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DISPOSING OF^{THE WRIT PETITION} WITHOUT COSTS.

Tank Ajith Singh v. The State of Telangana

Case brief

What is this about?

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Tank Ajith Singh v. The State of Telangana

Case brief

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