1. N. Sivanarayana v. The State of Telangana

Petition under Nlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ nature of Mandamus declaring the letter No.15/21118-ludl.Cell-ll, dt. 14/0112019 alleged to have been issued by the 2nd Respondent i.e., Under Secretary to Government of lndia, Ministry of Home Affairs, New Delhi, but however not served on the Petitioners till as on date nor referred to in the letter N() 2110112019 of the 3rd Respondent addressed to the 7th Resi) and also the letter No. RC3/405/2017, d|.2110112019 i.e., ti( Respondent addressed to the 7th Respondent Department art .\c3140512017, dt. ndent Department report of the 3rd the consequential Memo No.200(P)lSer.lll lA2l2O18, dI- 1110212019 of the 7th R : pondent herein as highly illegal, arbitrary, unconstitutional, malafide and to conserl same and to forthwith consider Petitioners request for grar) convict prisoner Nagaraj Nalloori, CT No.3970, Central Pris: pass appropriate orders for remission of sentence of his lifr, ently set aside the ng pardon to the , Cherlapally and mprisonment duly considering Petitioners representations dt. 29lOBl2O19 and 251 7/2020 addressed to the 7th Respondent. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circr the affidavit filed in support of the petition, the High Court may t the Respondents herein to forthwith consider Petitioners r 29lOBl201S and 2510712020, for a request for granting pardor son, convict prisoner Nagaraj Nalloori, CT No.3970, Central and pass appropriate orders for remission of sentence of life in p 'rstances stated in .: pleased to direct )presentations dt. to the Petitioners 'rison, Cherlapally -isonment pending disposal of the writ petition. Counsel for the Petitioner : M/S.K.ANNAPURNA REDDY Counsel for the Respondents : SRI D.PRADEEP, AGP FOR F ( ,ME The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No .145910F 2020 DATE :18j22025 Between: N.sivanaraYana & Another . . . Petitioners AND The State of Telangana & Others ...Respondents ORDER: This Writ Petition is filed with the following relief "...fo lssue a writ, order or direction more parlicularly one rn the nature of writ nature of Mandamus declaring the letter No.15/21/18-ludl.Cell-ll' dt. 14/01/2019 alleged to have been issued by the 2nd Respondent i'e', Under Secretary to Government of lndia, Ministry of Home Affairs' New Delhi' but however not served on the Petitioners tll/ as on date nor refened to in the letter No.RC3/405/2017 , dt 21/01/2019 of the 3rd Respondent addressed to the 7th Respondent Depaftment and also the tetter No'RC3/405/2017 ' dt 21/01/201g i.e., the report of the 3rd Respondent addressed to the 7th Respondent Department and the consequential Memo No.200(P)/Ser.ltl /AA2018, dt 11/02/2019 of the 7th Respondent herein as highly illegal' arbttrary' unconstitutionat, malafide and to consequently set aside the same and to fotlhwith consider Petitioners request for granting pardon to the convict prisoner Nagarai Nalloori' CT No 3970, Central Prison, Chertapalty and pass appropriate orders for remission of sentence of his life imprisonment duly considering Petitioners representations dt 29/08/2019 and ) 25/07/2020 addressed to the 7th Respondent n rein and to pas,s 2 Heard Mr. K.Annapurna Reddy, learned lounsel for the petitioners and rVrr.D.pradeep, learned Assist rnt Government - Pleader for Home

3.1 . Learned counsel for the petitioners subrr respondent authorities, particularly respondent I considered the petitioners, representation d r addressed to respondent No. 7, the present writ p filed Further submits that the petitioners' son is ir who was convicted by the Crown Court at Birr Kingdom, and sentenced to undergo imprisonmerrl ts that, as the o. 2 have not ed 2507 2020 :tition has been convict prisoner ingham, United for a period of twenty-five (25) years. Subsequenfly, the said convic was repatriated to lndia for the execution of his sentence. petitioner I o. '1 has sought premature release of his son on the ground of rerr ssion, which is permissible under the provisions of the Repatriation r 2003, and the rules framed thereunder. However f Prisoners Act, an appropriate decision in this regard is required to be taken ,ly the Central Government through respondent No. 2.

3.2. By referring to the communication dated 1 1.1- .,tO2O issued by the Ministry of Home Affairs (respondent No. 2) t r the principal Secretary, Home Department (Services_lll), (j )veilerqpnt of J Telangana, learned counsel submits that no further action has been taken and no final decision has been communicated to date Hence' he prays for the issuance of appropriate directions to the respondents to consider and dispose of the petitioners' representations in accordance with law. Learned Assistant Government Pleader for Home submits that 4 it is an admitted fact that the petitioners' son has been repatriated' andthatthequestionofremissionisunderconsiderationbythe Government of lndia. He further submits that the representation submitted by the petitioners has already been forwarded to the Governmentoflndiaandthatanappropriatedecisionistobetaken by the competent authority. Accordingly' he prays for the issuance of appropriate orders bY this Court.

5. Learned Standing Counsel for respondent No 2' though appeared earlier and sought time to obtain instructions as to the status of the communication dated 11 11'2020 in relation to the petitioners' representations dated 29'08'2019 and 28'07 2020' failed to place anY related materials. I have perused the material placed on record'

6. i 4 - 7. Having regard to the submissions advanced rl rd upon perusal of the communication referred to by the petitione.; it appears that their representations are under consideration by th: Government of lndia. However. as no final decision has yet reen taken or communicated to the petitioners, this court is of the :onsidered view that it would be appropriate to direct the concern: J authorities to expedite the process. Accordingly, respondent No. I is directed to consider the petitioners' representations and pass al) rropriate orders in accordance with law, preferably within a peric< of three (03) months from the date of receipt of a copy of this order

8. With the above direction, this Writ petition is dir; ,osed of. There shall be no order asto costs. lVliscellaneous Petitions, pending if any, shall ste rd closed //TRUE COPY// SdAA.H,I . GOWRI SHANKAR ASI; STANT REGISTRAR //. SECTION OFFICER The Principat Secretarv lo Government, Home (LEGAI_) | epartment, Secretariat. Telangana State, Hyderabad. - \+!v,,L-./, ( H",,y#:!,i:3,,."1i',.;r"dSi1gill,,";l jl3;U^",ig.irr-rrre,rrairs(cs I?:"?53:f|,General of Prisons and correctionat servic,> , rerangana, To, 1 2 3 tetangana Secretariat, Hyderabad.

4. The Specia Chief Secretary to.Government, Home (pris I s) Department) 5. The Secretary to Governm secretariat, Hyderabad ent' Legal Affairs' Law Depart r -'nt, Telangana \ I

6. The Chief Legal Advisor, ClD, Telangana, Hyderabad 7. The Principal Secretarv to Government, Government ot Telangana, Home (services-lt), Departm-ent, retangJn; Se;;6riri,"livi"rroro 8. One CC to lr//s K.ANNApURNA REDDY, Advocate. [OpUC] 9. Two CCs to Gp FOR HOME, High Court for the State of Tetangana. [OUT] 10. One cc to SRt N.BHUJANGA RAO, DEpUTy SOL|C|TOR GENERAL OF tNDtA [OPUC] '1 1 . Two CD Copies_ W BSK HIGH COURT DATED:1811212025 4(J Ll- t' 'f 1E L ... _a/ i(,, s ,s \ \, N t\ {',l / H c r*l\ a-t.' ORDER WP.No.14591 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4 \0 v pt { a ,: i '