Yerramasu Koteswara Rao vs The State Of Ap
2021 Latest Caselaw 3722 AP

Citation : 2021 Latest Caselaw 3722 AP
Judgement Date : 23 September, 2021

Andhra Pradesh High Court - Amravati

Yerramasu Koteswara Rao vs The State Of Ap on 23 September, 2021

       THE HON'BLE SRI JUSTICE JOYMALYA BAGCHI
                         AND
   THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

                   WRIT PETITION No.15721 of 2021
                   (Taken up through video conferencing)

ORDER: (Per Hon'ble Sri Justice Joymalya Bagchi)

      Petitioner has assailed the order of detention dated 02.07.2021

passed under Sections 3(1) and 3(2) read with Section 2(a) and (b) of the

Andhra Pradesh Prevention of Dangerous Activities of Boot-Leggers,

Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land-

Grabbers Act, 1986 (hereinafter referred to as 'the Act 1 of 1986) inter

alia on the following grounds:

            "3.     I further submit that the order of detention was
     approved by the advisory board consisting of Chairman and one
     member.      However, the advisory board shall consist of Chairman
     and two members in terms of Section 9 of Act 1 of 1986.           This
     Hon'ble Court has held that the advisory board when not properly
     constituted the detention order cannot be sustained.

            4.     I submit that in view of the filing of the writ petition,
     challenging the detention order I am not aware about the number
     of the members of the advisory board who considered the
     reference.    Now I came to know that the advisory board is not
     constituted in terms of Section 9 of Act 1 of 1986. In view of the
     same I am filing this affidavit stating that in view of the improper
     constitution of advisory board, the order of detention is to be
     quashed.      Hence, the said ground is also to be taken into
     consideration in the above writ petition. "

      Sri Raja Reddy Koneti, learned counsel for the petitioner, restricts

the challenge to the order of detention on the aforesaid grounds. He

relies on a judgment delivered by this Court dated 16.08.2021 in

W.P.Nos.9945, 10979 and 10984 of 2021.

      Sri Syed Khader Mastan, learned counsel appearing on behalf of

the learned Additional Advocate General, opposes the prayer.

      We have considered the materials on record.
                                           2



          We find that the order of detention was confirmed vide

G.O.RT.No.1376, General Administration (SC.I) Department, dated

24.08.2021 on the opinion of the Advisory Board, which comprised of a

Chairman and one Member alone. In W.P.Nos.9945, 10979 and 10984 of

2021, this Court held that the Advisory Board must comprise of a

Chairman and two Members as per Section 9(2) of the Act 1 of 1986.

Report of an improperly constituted Advisory Board is non est in the eye

of law. In this regard, reference may also be made to a Constitution

Bench decision of the Hon'ble Apex Court in United Commercial Bank

Ltd., Vs. Workmen1, wherein the Bench held award made by an

improperly constituted Tribunal was void.               The Bench observed as

follows:

             "......In our opinion, the position here clearly is that the
      responsibility to work and decide being the joint responsibility of all the
      three members, if proceedings are conducted and discussions on several
      general issues took place in the presence of only two, followed by an
      award made by three, the question goes to the root of the jurisdiction
      of the Tribunal and is not a matter of irregularity in the conduct of
      those proceedings....."

          Thus, in the light of the decision of this Court in W.P.Nos.9945,

10979 and 10984 of 2021 and the aforesaid ratio of the Hon'ble Apex

Court, we are of the opinion that the detention order dated 02.07.2021

which was confirmed vide G.O.RT.No.1376, General Administration

(SC.I) Department, dated 24.08.2021 on the basis of the report of an

improperly constituted Advisory Board is illegal and liable to be quashed.


          Accordingly, the Writ Petition is allowed setting aside the

detention order dated 02.07.2021 passed by the 2nd respondent, in

relation to petitioner's son, Yerramaasu Rama Koteswara Rao @ Ramu,

S/o. Y.Koteswara Rao, aged about 42 years, R/o. Karumanchi Village,

AIR 1951 SC 230

Savalyapuram Mandal of Guntur District, and also the consequential

confirmation order vide G.O.RT.No.1376, General Administration (SC.I)

Department, dated 24.08.2021. The detenu- Yerramaasu Rama

Koteswara Rao @ Ramu shall be set at liberty forthwith unless his

confinement is required in relation to any other case. There shall be no

order as to costs.

As a sequel, Miscellaneous Petitions, if any, pending in this Writ

Petition shall stand closed.

_________________________ JOYMALYA BAGCHI, J