Davinder vs State of Punjab and Others

Jora Singh, J.—The present petition has been filed under Article 226 of the Constitution of India, for issuance of writ in the nature of Habeas Corpus with a roving writ for the release of detenues as mentioned in Para No. 5 of the petition from the illegal custody of Respondent No. 3.

Vide order dated 22.02.2011, District Magistrate, Moga was directed to visit the brick kiln in question or depute the concerned SDM or Tehsildar to visit the brick kiln and submit report. In case, the detenues as mentioned in Para No. 5 of the petition are found to be in illegal custody of Respondent No. 3 then they be got released from his custody.

Report of District Magistrate, Moga is on the file and is to the effect that the Petitioner has left the brick kiln one month ago wherein wife of the Petitioner and other labourers wants to work at the brick kiln with their own wishes.

In compliance of order dated 10.03.2011 PetitionerDavinder was present in Court and stated that his wife and children were still in illegal custody of Respondent No. 3.

Vide order dated 11.03.2011, Warrant officer was appointed to visit the premises of Respondent No. 3 in order to locate the said detenues. In case the alleged detenues are found to be in illegal custody of Respondent No. 3 then they be got released forthwith.

Report of the Warrant Officer is on the file and is to the effect that all the alleged detenues mentioned in para No. 5 of the petition were got released.

In view of reply by District Magistrate, Moga and report of the Warrant Officer, no further action is required to be taken at this stage. Hence, the present petition has become infructuous and is dismissed accordingly.