Court No. - 49 Case :- HABEAS CORPUS WRIT PETITION No. - 2075 of 2010 Petitioner :- Muntiyaz & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Gufran Ali Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioners and the learned AGA for the State-
respondent.
The grievance of the petitioners is that the Brick Kiln owner and his
employees being respondent nos.4 to 7 are illegally detaining the petitioners,
who were allegedly engaged as bonded labourers in the said Brick Kiln and
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 releasing the
detenue in similar Writ Petition Nos.57415 of 2008, 56279 of 2008 and 29074
of 2009.
Issue notices to the respondent nos.2 to 7 returnable within four weeks. Steps
be taken within one week.
Learned AGA prays for and is granted four weeks time to file counter
affidavit. Opposite party no.2 to 7 may also file counter affidavit within the
same period. As prayed by learned counsel for the petitioners, two weeks
thereafter is granted for filing rejoinder affidavit.
Let the District Magistrate, Ghaziabad enquire into the matter and file his
personal affidavit through the learned AGA within four weeks from today.
List after expiry of the aforesaid period, before the appropriate Bench along
with the records of Writ Petition Nos.57415 of 2008, 56279 of 2008 and
29074 of 2009.
Mean while the respondent nos.2 and 3 are directed to enquire into the matter
and after inquiry, the respondent no.2 finds that the petitioners have been
illegally detained by the respondents no.4 to 7, he shall ensure their release
and file his affidavit before the Court on the next date of listing.
Copy of this order may be issued to the learned AGA for compliance of the
order, as per Rules of the Court.
Order Date :- 19.1.2010
Hasnain