APHC010251882020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Kommu Nagaraju,, S/o.Venkatesh, Aged about 41 years, Convict No 3922, Central Prison ,Kadapa, Rep.by his legally wedded wife K.Nagamma, Aged about 39 years H.No.1-93,Gulladurthy village, Koilakuntla Mandal, Kurnool Dist. 2. Korrapati Sreenivasulu,, S/o.Durganna, Aged about 35 years,Convict NO 3919, Central Prison ,Kadapa, Rep.by his legally wedded wife Smt K.Sanjamma,Aged about 34 years, Gulladurthy village,Koilakuntla Mandal, Kurnool Dist. 1. The State of Andhra Pradesh, ( Excise 11) Rep by its principal Secretary, Home Department, secretariat, Velagapudi, Amaravathi, Guntur (District). 2. The Director General at, Prisons and Correctional Services, A.P, Vajayawada, Krishna (District). 3. The Inspector General Of Police, Central Prison , Kadapa, Kadapa (District). 4. The Deputy Inspector General of Police, Central prison, kadapa, Kadapa(District). IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16553 OF 2020 1. Kommu Nagaraju,, S/o.Venkatesh, Aged about 41 years, Convict No 3922, Central Prison ,Kadapa, Rep.by his legally wedded wife K.Nagamma, Aged 93,Gulladurthy village, Koilakuntla Mandal, Kurnool Korrapati Sreenivasulu,, S/o.Durganna, Aged about 35 years,Convict NO 3919, Central Prison ,Kadapa, Rep.by his legally wedded wife Smt K.Sanjamma,Aged about 34 years, Gulladurthy village,Koilakuntla Mandal, ...Petitioners AND ate of Andhra Pradesh, ( Excise 11) Rep by its principal Secretary, Home Department, secretariat, Velagapudi, Amaravathi, Guntur (District). 2. The Director General at, Prisons and Correctional Services, A.P, Vajayawada, Krishna (District). ctor General Of Police, Central Prison , Kadapa, Kadapa 4. The Deputy Inspector General of Police, Central prison, kadapa, IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Kommu Nagaraju,, S/o.Venkatesh, Aged about 41 years, Convict No 3922, Central Prison ,Kadapa, Rep.by his legally wedded wife K.Nagamma, Aged 93,Gulladurthy village, Koilakuntla Mandal, Kurnool Korrapati Sreenivasulu,, S/o.Durganna, Aged about 35 years,Convict NO 3919, Central Prison ,Kadapa, Rep.by his legally wedded wife Smt K.Sanjamma,Aged about 34 years, Gulladurthy village,Koilakuntla Mandal, ...Petitioners ate of Andhra Pradesh, ( Excise 11) Rep by its principal Secretary, Home Department, secretariat, Velagapudi, Amaravathi, Guntur (District). 2. The Director General at, Prisons and Correctional Services, A.P, ctor General Of Police, Central Prison , Kadapa, Kadapa 4. The Deputy Inspector General of Police, Central prison, kadapa, 5. The Jail Superindent, Piduguralla Excise Section, Central prison, kadapa, Kadapa(District). ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue Writ, order or orders specially one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not giving the benefit of special remission by following the instructions issued in G.O.MS.No 125 dated 27-08-2018 issued by the HOME(PEROLES) DEPARTMENT, G.O.MS.No. 94 dated 27-08-2020 issued by the HOME(PEROLE-HRC)DEPARTMENT and by taken into consideration of the days of remission of 2 years 2 months during the course of imprisonment is illegal, arbitrary, unconstitutional and violation of Art.14 and Art.21 of constitution of India apart from the instructions issued in G.O.MS.No. 125 dated 27-08-2018 and GO.MS.No.94. dated 27-08-2020 and consequently direct the respondents to consider the days of remission obtained by the petitioners and also by following the earlier instructions issued by the Govt. of AP in G.O.MS.NO. 125 dated 27-08-2018 and G.O.MS.NO. 94 dated. 27-08- 2020 and release the petitioners on special remission and pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to transfer the petitioners from closed prison to semi open jail pending disposal of the above WP and pass Counsel for the Petitioners: G ELISHA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16553 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue Writ, order or orders specially one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not giving the benefit of special remission by following the instructions issued in G.O.MS.No 125 dated 27-08-2018 issued by the HOME(PEROLES) DEPARTMENT, G.O.MS.No. 94 dated 27-08-2020 issued by the HOME(PEROLE- HRC)DEPARTMENT and by taken into consideration of the days of remission of 2 years 2 months during the course of imprisonment is illegal, arbitrary, unconstitutional and violation of Art.14 and Art.21 of constitution of India apart from the instructions issued in G.O.MS.No. 125 dated 27-08-2018 and GO.MS.No.94. dated 27-08-2020 and consequently direct the respondents to consider the days of remission obtained by the petitioners and also by following the earlier instructions issued by the Govt. of AP in G.O.MS.NO. 125 dated 27-08-2018 and G.O.MS.NO. 94 dated. 27-08-2020 and release the petitioners on special remission and pass..” 2. Heard Sri G.Raju, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. When the matter was taken up for hearing, learned counsel for the petitioner would submit that no further orders are required in this matter and the petition may be disposed of. 4. Learned Assistant Government Pleader would submit that the Court may pass appropriate orders. 5. In that view, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.09.2025 KKV 113 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16553 OF 2020 03-09-2025 KKV