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High Court of Andhra Pradesh · body

2025 DAILYLAW 54563 (AP)

Yelchuri Manoher, v. The State of Andhra Pradesh,

WP/28966/2025 · 2025-11-12

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010556612025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. YELCHURI MANOHER, M/O. YELCHURI ANASUYAMMA, AGED 46 YEARS, C.T.NO. 7224, CENTRAL PRISON, VISAKHAPATNAM. 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF CENTRAL JAIL, VISAKHAPATNAM. 3. BANDARU RAMA KRISHNA, S/O. BANDARU RAMULU, R/O. D.NO. 35-3-69-162, VIJAYANAGAR COLONY, ONGOLE TOWN, PRAKASHAM DISTRICT. 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 issue a Writ Order or direction more one in the nature of Writ of Mandamus and direct the respondents here to release the petitioner for a period of 2 weeks, to sell of the property i.e. at Survey No. 102/3 Ac.0-98 cents, Pelluru Village, On the sale proceedings and to pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28966/2025 YELCHURI MANOHER, M/O. YELCHURI ANASUYAMMA, AGED 46 YEARS, C.T.NO. 7224, CENTRAL PRISON, VISAKHAPATNAM. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE SUPERINTENDENT OF CENTRAL JAIL, VISAKHAPATNAM. BANDARU RAMA KRISHNA, S/O. BANDARU RAMULU, R/O. D.NO. JAYANAGAR COLONY, ONGOLE TOWN, PRAKASHAM DISTRICT. ...RESPONDENT(S): 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 issue a Writ Order or direction more one in the nature of Writ of Mandamus and direct the respondents here to release the petitioner for a period of 2 weeks, to sell of the property i.e. at Survey No. 102/3 98 cents, Pelluru Village, Ongole Sub Register, Ongole and to complete the sale proceedings and to pass IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE THIRTEENTH DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA YELCHURI MANOHER, M/O. YELCHURI ANASUYAMMA, AGED 46 YEARS, C.T.NO. 7224, CENTRAL PRISON, VISAKHAPATNAM. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, THE SUPERINTENDENT OF CENTRAL JAIL, VISAKHAPATNAM. BANDARU RAMA KRISHNA, S/O. BANDARU RAMULU, R/O. D.NO. JAYANAGAR COLONY, ONGOLE TOWN, ...RESPONDENT(S): 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 issue a Writ Order or direction more one in the nature of Writ of Mandamus and direct the respondents here to release the petitioner for a period of 2 weeks, to sell of the property i.e. at Survey No. 102/3- an extent of gole Sub Register, Ongole and to complete IA NO: 1 OF 2025 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 release the Petitioners forthwith, pending disposal of the main Writ Petition and to pass Counsel for the Petitioner: 1. A GAYATRI REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....pleased to issue a Writ Order or direction more one in the nature of Writ of Mandamus and direct the respondents here to release the petitioner for a period of 2 weeks to sell of the property i.e., at Survey No.102/3 an extent of Ac.0.98 cents Pelluru Village Ongole Sub Register Ongole and to complete the sale proceedings and to pass” 2. Heard Smt.A.Gayathri Reddy, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the petitioner’s father died in the year 2023 leaving behind the petitioner and others as legal representatives. He left some property. 4. Learned counsel would further submit that the family members certified was issued. The deceased mother and daughter want to sell away the property which succeeded from the father of the petitioner for the purpose of marriage. 5. Learned counsel would further submit that in fact the proposed date of registration is 11.11.2025, by this time that is over and they may fix any other date in future. 6. Learned counsel finally prays to release the petitioner for a period of two weeks for completing the process for execution of registered sale deed. 7. Learned Assistant Government Pleader for Home on written instructions brought to the notice of this Court that as per the prisoners manual 493, the petitioner who is a convicted prisoner can sign and attest power of attorney by which he can sell his property. For ready reference, Section 493 of Prisoners’ manual is extracted hereunder: 493. Every newly convicted prisoner may be permitted at the discretion of the Superintendent to sign and attest a power of attorney or other statements concerning his properties. Prisoners other than newly convicted prisoners may be granted a similar privilege at the discretion of the Superintendent, but in their case each such transaction shall be treated as an interview with reference to Rules 490 and 491. 8. Considering the submissions and in the light of prisoners manual referred supra, the Writ Petition is disposed of giving liberty to the petitioner to execute the power of attorney in the name of any other family member to enable them to sell the property. However, the Superintendent of Central Prison, Visakhapatnam, is directed to cooperate with the said process. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 13.11.2025 M K K 171 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No.28966 of 2025 Dated: 13.11.2025 M K K