Court No. - 49 Case :- HABEAS CORPUS WRIT PETITION No. - 41788 of 2010 Petitioner :- Maya Devi & Others Respondent :- District Magistrate Ghaziabad & Others Petitioner Counsel :- Sanjay Kumar Mishra Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the petitioners and learned AGA for the State.
It is contended by learned counsel for the petitioners that petitioners are
engaged as a labour in Brick Klin of the respondent No. 3, who have now
been illegally detained and kept as bonded labours by the respondent No.3. It
is further contended that the District Administration has refused to extent any
help to procure the corpus of the petitioners and thus the petitioners have
prayed that a direction may be issued to the respondents-authorities for release
of the petitioners. It is next contended that directions have been issued by this
Court for release the detenue in similar Writ Petition Nos.57415 of 2008,
56279 of 2008 and 29074 of 2009.
Issue notice to the respondent No.3 returnable within a period of three weeks.
Steps be taken within a week.
Learned AGA prays for and is granted three weeks’ time for filing counter
affidavit. Respondent No. 3 may also file counter affidavit within the same
period. Petitioners are granted one week thereafter for filing rejoinder
affidavit.
Let the District Magistrate, Ghaziabad inquire into the matter and file his
personal affidavit through the learned AGA within the aforesaid period, with
regard to status of the petitioners and if it is found that the petitioners are
illegally detained, he shall ensure their release forthwith and if the allegations
as contained in the present petition is found to be incorrect then appropriate
action be initiated against the deponent of the present petition.
List after expiry of the aforesaid period before the appropriate Court along
with the records of Writ Petition Nos. 57415 of 2008, 56279 of 2008 and
29074 of 2009.
Copy of this order may be issued to the learned AGA for compliance of the
order as per Rules of the Court.
Order Date :- 20.7.2010
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