THANGUDU VARAHA NARASIMHAMURTY Vs. STATE

JUDGEMENT

(1.) These eases arise out of two petns. presented by the self same petnr. Thangndu Varaba Naraeimhamurty, impugning the validity of two detention orders, one, dated, 8-11-1950 & another, dated, 26-11-1950. The second order replaced the first. Except foe some verbal alterations, the orders are the same in all essential particulars. By the time the first Misc. case was filed, the second order of 26th November had not been passed. Therefore, the petnr. thought it appropriate that he should impugn the second order, virtually the order authorising the detention, by another petn. The latter is registered as Misc. case No. 170. At its admission for hearing, it was directed to be heard along with the previous case, Or. Misc. Case no. 158 of 1950.

(2.) The petnr. has been directed to be detained since 8-11-1950, till 7-2-1951, for a period of three months. The detention order has been passed under the provisions of sub-cl. (iii) of cl. (a) of Sub-section (1) of Section 3, Preventive Detention Act, 1950 (Central Act, IV [4] of 1950), read with 8. A thereof, by the Sub-divisional Mag. of Berhampur, district Ganjam. The order reads as follows: No. CC. 768/50 Office of the Subdivisional Magistrate, Berhampur, Dated, 26-11-1950. ORDER UNDER THE PREVENTIVE DETENTION ACT, 1950. Whereas I. K. Ramamurty, I. A. S., Subdivisional Magistrate, of Berhampur, Ganjam district, am satisfied that with a view to preventing T. K. N. Murty, proprietor of Neelakhanteswar Rice Mills, Berhampur from acting in any manner prejudicial to the maintenance of supplies & services essential to the community, it is necessary no to do, I. K. Ramamurty, I. A. S., Sub-divisional Mag. Barhampur, in exercise of the powers conferred by sub-cl. (iii) of cl. (a) of subs. (1) of Schedule , Preventive Detention Act,1950 (IV [4] of 1950) read with Schedule thereof, am pleased to direct that the said T. V. Murty, be detained for a period of three months until 7-2-1941 & removed to the District Jail, Berhampur, for the purpose of detention in the said Jail. This cancels the previous order dated 8-11-1950 & takes effect from the same date, i.e., from 8-11-1950.

(3.) The grounds of detention issued on the same date were received by the detenu on 27-111950. The grounds are: