Court No. - 49 Case :- HABEAS CORPUS WRIT PETITION No. - 32755 of 2010 Petitioner :- Devi Singh & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Ram Raj Pandey Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the petitioners and learned A.G.A. 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.5, who are now been
illegally detained and kept as bonded labours by the respondent no.5 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 respondents no. 5 returnable within a period of three
weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted three weeks’ time for filing counter
affidavit. Respondent no. 5 may also file counter affidavit within the same
period. As prayed by learned counsel for the petitioners one week thereafter,
is granted for filing rejoinder affidavit.
Let the District Magistrate, Baghpat inquire into the matter and files his
personal affidavit through the learned A.G.A. 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 appropriate Court alongwith
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 A.G.A for compliance of the
order, as per Rules of the Court.
Order Date :- 1.7.2010
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