lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA SATURDAY, THE TWENTY FOURTH DAY OF MAY, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE HARINATH.N AND HONOURABLE DR. JUSTICE Y.LAKSHMANA RAO WRIT PETITION Nos.13928 OF 2025 and 13929 OF 2025 WRIT PETITION NO: 13928 OF 2025 Betwee n : 1. Sajja Srinivasa Rao, S/o Bala Gangadhara Rao, Aged 63yrs, Occ handloom worker,R/o 4-12, Sajja Vari Street, Devangapuri Panchayati, Chirala, Jandrapet, Erst while Prakasham District, Presently Bapatla District, Andhra Pradesh _5231165. 2. Bandaru Kanaka Sundara Rao, S/o Venkaeswarlu, Aged 70yrs, Occ handloom worker, R/o 9-95A,' Bandaru Street, Devangapuri, Jandrapet, Erst while Prakasham District, Presently Bapatla District, Andhra Pradesh - 523165- 3. Devana Veera Nageswara Rao, S/o Venkateswarlu, Aged 65yrs, Occ handloom worker, R/o H.No 12-219, Amodagiripatnam, Vetapalem, Erst while prakasham District, Presently Bapatla District, Andhra Pradesh '- A 523187. 4. Sajja Srinivasa Rao, S/o Purnachandra Rao, Aged 63yrs, Occ handloom worker, R/o. H.No 4-159, Anumallipeta, Desipeta, Vetapalem, Erst while Prakasham District, Presently Bapatla District, Andhra Pradesh -523187. . I.Petitioners AND 1. Union of India, Rep. by its Under Secretary, Ministry of Home Affairs, North BIock, New Delhi, 110001. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, A.P. Secretariat, Velugapudi, Guntur District. 3. The Director General of Police, Andhra Pradesh State, A.P. Police Head Quarters, Mangalagiri, Guntur District, Andhra Pradesh. 4. Superintendent of Police, Bapatla District at Bapatla, Andhra Pradesh. 5. Inspector Of Police, Chiral I Town Police Station, lrear Clock Tower center, Chirala Town, Bapatla District. 6. State of Chhattisgarh, Rep by its Chief Secretary, Mantralaya, Mahanadi Bhavan, Atal Nagar, Naya Raipur, Raipur District, Sate of Chattisgarh. 7. Director General of Police, State of Chattisgarh, lndrawati Bhawan, AtaI Nagar, Naya Raipur, Raipur District, State of Chattisgarh. 8. The Inspector General, (lG) of Bastar Range, Jagadalpur, State of Chattisgarh. 9. The Director General, Central Reserve Police Force, Directorate General, Central Reserve Police Force, Block No.1, C.G.O. Complex, Lodhi Road, New Delhi -110003. ...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 b6 pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent 1, 5 to 9 in not handing over the dead body of lst petitioners Younger Brother namely Sajja Venkata Nageswara Rao @ Rajanna @ Yesanna @ Naveen who was shot dead in the operation undertaken by the Respondents 1, 6, 7, 8 & 9 as confirmed by the respondents on 21.05.2025 for conducting last rites in accordance with traditions and customs prevailing in the petitioners family as illegal, unfair and violation of Articles14 and 21 of the Constitution of India and consequently order the respondents to hand over the dead body of the lSt petitiones younger Brother namely Sajja Venkata Nageswara Rao @ Rajanna @ Yesanna @ Naveen to the petitioners for conducting last rites of the deceased at the native place (Chirala) lANO: 1 OF2025 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 to direct the respondents 1, 6 to 9 {o preserve the dead body of lSt petitioners Younger Brother namely Sajja Venkata Nageswara Rao @ Rajanna @ Yesanna @ Naveen, Pending disposal of WP No.13928 of 2025, on the file of the High Court- Counsel for the Petitioners Counsel for the Respondent No.1 Counsel for the Respondent Mos.2 to 9 WRIT PETITION NO: 13929 OF 2025 :Sri UDJaiBhimaRao : Sri Pasala Ponna Rao, Deputy Solicitor General of India : Advocate General - Between: 1. Nambala Bharatamma, W/o. Late Vasudeva Rao, Aged more than 80 years, Occ Senior Citizen, R/o. 1-22, Main Veedhi, Kotabommali, Jiyannapet, Srikakulam, Andhra Pradesh, 532201. 2. Nambala Dhilleshwara Rao, S/o. Vasudeva Rao, Aged 72 years, Occ Senior Citizen, R/o. 54-ll-43/6, 2nd FIoor, Bhanu Nagar, Dr. V S Krishna College Road, Maddilapalem, Vishakapatnam, Andhra Pradesh, 530022. ` u.Petitioners AND 1. Union of India, Rep. by its Under Secretary, Ministry of Home Affairs, North BIock, New Delhi, 110001. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, A.P. Secretariat, Velugapudi, Guntur District. 3. The Director General of Police, Andhra Pradesh State, A.P. Police Head Quarters, Guntur, Andhra Pradesh. 4. The Supreintendent of Police, Srikakulam District. Andhra Pradesh. 5. State of Chhattisgarh, Rep by its Chief Secretary, Mantralaya, Mahanadi Bhavan, Atal Nagar, Naya Raipur, Raipur District, Sate of Chattisgarh. 6. Director General of Police, State of Chattisgarh, Indrawati Bhawan, Atal Nagar, Naya Raipur, Raipur District, State of Chattisgarh. 7. The Inspector General, (lG) of Bastar Range, Jagadalpur, State of Chattisgarh. 8. Superintendent of Police, Jagdalpur, State of Chattisgarh. 9. The Director General, Central Reserve Police Force, Directorate General, Central Reserve Police Force, Block No.I, C.G.O. Complex, Lodhi Roadr New Delhi -110003. I..Respondents Petition under Article 226 of the Constitution of India praying that in the i 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 of Mandamus declaring the action of the Respondent Nos.1, 4, 6 to 9 in not handing over the body of the deceased Nambala Keshava Rao @ Basavarajl, S/o. Vasudeva Rao, Aged 70 years, R/o. 1-22, Main Veedhi, Kotabommali, Jiyannapet, Srikakulam, Andhra Pradesh, 532201, confirmed dead in operation undertaken by the Respondent No.1 as being illegal, arbitrary, discriminatory and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent No.6 to 9 to handover the body of the deceased Nambala Keshava Rao @ Basavaraj to the Petitioners, being his blood relatives. lANO: 1 OF2025 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 tO direct the Respondents 1, 4, 6 to 9 to preserve the body of the deceased Nambala Keshava Rao @ Basavaraj, S/o. Vasudeva Rao, Aged 70 years, R/o.1- 22, Main Veedhi, Kotabommali, Jiyannapet, Srikakulam, Andhra Pradesh, 532201, Pending disposal of WP 13929 of 2025, on the file of the High Court. Counsel for the Petitioners : Sri Chiluka Chandra Sekhar Counsel for the Respondent NoI1 : Sri Pasala Ponna Rao, Deputy Solicitor General of India Counsel forthe Respondent Nos.2 to 9 : Advocate General The Court made 1:he following COMMON ORDER: APHCOll 0277112025 H'E [N THE HIGHCOURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) SATURDAYJ THE TWENTY FOURTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON]BLE SRI JUSTICE HARINATH.N & THE HONOURABLE DR. JUSTICE Y.LAKSHMANA RAO WRIT PETITION Nos: 13928 OF 2025 and 13929 OF 2025 WP.No.13928 of 2025 Betwee n = Sajja Srinivasa Rao and Others AND union Of India and Others counsel for the petition6®r(s): 1.U D JAI BHIMA RAO Counsel for the Respondent(S): 1. WP.No.13929/2025 Betwee n : Nambala Bharatamma and Others AND Union Of India and Others [3539] ...PETITIONER(S) ...RESPONDENT(S) ...PETITIONER(S) ...RESPONDENT(S) Counsel for the Petl-tioner(S): 1,CHILUKA CHANDRA SEKHAR Counsel for the Respondent(S): 1. The Court made the following Common Order lI2JI WRIT PETITION Nos.13928 and 13929 0F 2025 THE HON'BLE SRI JUSTICE HARINATH.N a THE HONOURABLE DR. JUSTICE Y.LAKSHMANA RAO WRIT PETITION Mos.13928 and 13929 0F 2025 COMMON OF{DER -. (Per Hon'ble Sri Justice Harinath.N) 1. Both the writ petitions are filed seeking a direction from this Court to hand-over the dead bodies of the deceased namely Saija Venkata Nageswara Rao @ Rajanna @ Yesamma @ Naveen and Nambala Keshava Rao @ Basavaraj who were allegedly killed in an operation undertaken by respondent police in the State of Chhattisgarh. 2. ]t is the specific submission. of the leamed Senior Counsel appearing for the petitioners that the petitioners are the relatives of the deceased and have approached the respondent No.4 seeking custody of the bodies of the deceased for performing the final rites. However, their efforts to secure the dead bodies from the custody of the Chhattisgarh police proved futile. lt is also stated by the leamed Senior Counsel appearing for the petitioners that the petitioners were driven away from the Chhattisgarh when they approached Chhattisgarh police for collecting the dead bodies. Il3Il WRIT PETITION Nos.13928 and 13929 OF 2025 3. The learned Senit,r' Counsel for the petitioners further submits that Article 226(2) of the Constitution of India would enable the petitioners to seek relief from the State of Andhra Pradesh though the incident happened within the territorial limits of the State of Chhattisgarh. The learned Senior Counsel seeks indulgence of this court in securing the bodies of the slain relatives of the petitioners in the State of Chhattisgarh. 4. The learned Senior Counsel relies on the judgement of the Hon'b]e Supreme C6urf of India in the matter of NawaI Kishore Sharma Vs. Union of India and Othersl and PT.Parmanand Katra, Advocate V/s Union of India and another2. These judgements are relied in support of the stand of the petitioners, that this Court can issue appropriate directions when part of cause of action arose within the State of Andhra Pradesh. It is also submitted that the petitioners are now literally house arrested by the State Police and they are ®tinable to move out of their houses and as such seeks indulgence of this court. 5. The learned Advocate General for the State of Chhattisgarh is present virtually online and he submits that the proper I 2014(9) SCC page 329 21995(3) SCC page 248 ll4ll WRIT PETITION Nos.13928 and 13929 OF 2025 Court to approach with the reliefs as sought in the present writ petitions would be the competent Court in the state of Chhattisgarh and not this Court. The learned Advocate General for the State of Chhattisgarh submits that the petitioners have made a .bald allegation regarding the petitioners approaching the Police of the Chhattisgarh and that they were sent back tQ the State of Andhra Pradesh etc., is concerned, no document is submitted along with the writ petitions to substantiate such allegation(s). 6. lt is also submitted that no cause of action arose within the jurisdiction of this court and as such the citations relied upon by the leamed Senior Counsel for the petitioners would not come 1:a the rescue of the petitioners for maintaining these writ petitions. 7. The learned Advocate General for the State of Andhra Pradesh present virtually on line also submits that High Court of Chhattisgarh would have to be approached and that the dead bodies are not in the custody of any of the state authorities for this Court to direct the State authorities to handover the dead bodies to the petitioners. In support of the contention that the petitio`ners could not have invoked the jurisdiction of this court, reliance is also placed on ll5ll WRIT PETITION Nos.13928 and 13929 OF 2025 following judgments. Alchemist Ltd. and another Vs. state Bank of Sikkim and others3 and Navinchandra N.Majithia Vs. State 6f Maharashtra and others4. 8. The learned Deputy Solicitor General appearing for respondent No.1 submits that the CRPF has no role in the alleged incident. He further submits that there could be a reason for not handing over the two dead bodies as it could also lead to the law and order situation. lt is submitted that under the guise of performing the final rites there could be procession which might further escalate the law and order problem. 9. On the specific enquiry of the Court as to the status of the post-mortem of the dead bodies is concerned, it is submitted by the learned Advocate General for the State of Chhattisgarh that post-mortem of all the bodies would be completed by the end of the day today. lt is also submitted that post-mortem of 21 bodies is completed and post- morfem of remaining bodies would be completed by the end of the day today. The Learned Advocate General for the State of Chhattisgarh submits that after completion of 3 2007(ll) SCC page 335 4 2000 (7) SCC Page 640 WRIT PETITION Mos.13928 and 13929 OF 2025 post mortem to the bodies, th?y would be handed over to the relatives of the deceased. 10. The learned Senior Counsel appearing for the petitioners in reply submits that this Court c.a.n impose any conditions for conducting peaceful final rites for the deceased bodies. ll. Considering the submissions, of the learned Senior Counsel appearing for the petitioners, the learned Advocate General for the State of Chhattisgarh and for the State of Andhra Pradesh, this Court without.go.ing into the issue of the territorial jurisdiction intends `to dispose the writ petitions recording the submissions that the post-mortem of the bodies would be completed today and the next formality is to hand over the dead bodies to the relatives of the deceased for performing final rites. 12. This Court is inclined to dispose of these two writ petitions, leaving it open for the petitioners to approach the concerned police authority of the Chhattisgarh State and seek custody of the bodies of the deceased namely Sajja Venkata Nageswara Rao @ Rajanna @ Yesamma @ Naveen and Nambala Keshava Rao @ Basavaraj. ll7ll WRIT PETITION Nos.13928 and 13929 OF 2O25 13. VVith these observations, both the writ petitions are disposed off at the stage of admission. There shall be no order as to costs. Miscellaneous petitionsl if any, pending in this case, shall stand closed. al,L## / 2- )- SECTION OFFICER 1. The Under Secretary, Union of India, Ministry of Home Affairs, North Block, New Delhi,110001. 2. The Principal Secretary, State ofAndhra Pradesh, Department of Home, A.P. Secretariat, Velugapudi, Guntur District. 3. The Director General of Police, Andhra Pradesh State, A.P. Police Head Quarters, Mangalagiri, Guntur District, Andhra Pradesh. 4. The Superintendent of Police, Bapat[a District at Bapatla, Andhra Pradesh. 5. The Inspector Of Police, Chiral I Town Police Station, lrear CIock Tower center, Chirala Town, Bapat]a District. 6. The Chief Secretary, State of Chhattisgarh, Mantralaya, Mahanadi Bhavan, AtaI Nagar, Naya Raipur, Raipur District, State of Chattisgarh. 7. The Director General of Police, State of Chattisgarh, lndrawati Bhawan, Atal Nagar, Naya Ra'lpur, Ra'lpur District, State of Chattisgarh, 8. The Inspector General, (I.G) of Bastar Range, Jagadalpur, State of Chattisgarh. 9, The Director General, Central Reserve Police Force, Directorate General, Central Reserve Police Force, Block No.I, C.G.O. Complex, Lodhi Road, New Delhi -110003. 10. The Superintendent of Police, Srikakulam District, Andhra Pradesh. To, ll. The Superintendent of Police, Jagdalpur, State of Chattisgarh. (Addressee mos.1 to ll by RPAD) 12. OneCCto Sri U DJai Bhima Rao,Advocate[OPUC] 13. One CC to Sri Chiluka Chandra Sekhar, Advocate [OPUC] 14. Two CCs to Advocate General, High Court ofAndhra Pradesh [OUT] 15. Two CCs to Advocate General, High Court of Chhattisgarh [OUT] 16. One CC to Pasala Ponna Rao, Deputy SolicitorGeneral of India, High Court of A.P, Amaravati [OPUC] 17. TwoCCsto GPforHome, High CourtofAndhra Pradesh. [OUT] 18. TwoCDcopies CVSS HIGH COURT DATED : 24/05/2025 ORDER WRIT PETITION Nos.13928 OF 2025 and 13929 OF 2025 DISPOSING THE WRIT PETITIONS WITHOUT COSTS