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2026 DAILYLAW 15135 (AP)

BOYA RAMANJANEYULU v. THE STATE OF AP

WP/1860/2026 · 2026-03-05

Y Lakshmana Rao

body2026

Judgment text

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APHC010027212026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1860/2026 Between: 1. BOYA RAMANJANEYULU, S/O B.SIVANNA AGED 40 YEARS, OCC CULTIVATION R/O 4-13, HOSURU PATHIKONDA MANDAL, KURNOOL DISTRICT 2. 2. VULIVENI HARI KRISHNA, S/O V.RAMANA AGED32 YEARS, OCC CULTIVATION RIO 6-61, HOSURU PATHIKONDA MANDAL, KURNOOL DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. 2. THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT 3. 3. THE SUB DIVISIONAL POLICE OFFICER, PATHIKONDA DIVISION PATHIKONDA, KURNOOL DISTRICT 4. 4. THE STATION HOUSE OFFICER, PATHIKONDA URBAN POLICE STATION, PATHIKONDA, KURNOOL DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 2 Dr. YLR, J W.P.No.1860 of 2026 Dated 06.03.2026 GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…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 particularly one in nature of Writ of Mandamus, declaring the action on the part of Respondent No.4 in not permitting Petitioner to enter the territorial limits of Hosuru Village, Pathikonda Mandal, Kurnool District, further directing Petitioner to not to enter Hosuru Village, Pathikonda Mandal, Kurnool District till adjudication of PRC.No.5 of 2025 on the file of Judicial First Class Magistrate Pathikonda as illegal, arbitrary and consequently direct the Officials of Respondent No.4 to not to interfere with legal activities of Petitioners herein, further direct them to permit Petitioners to reside within territorial limits of Hosuru Village, Pathikonda Mandal, Kurnool District for executing their cultivation activates and to pass….” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader. 3. Sri N. Chandra Sekhar Reddy, learned counsel for the petitioners, submits that Respondent No. 4, without any jurisdiction, is not permitting the petitioners to reside within his territorial limits. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that no such restriction has been imposed on the petitioners; however, a case in Crime No. 122 of 2024 has been registered against them for the offences punishable under Sections 61(2), 103, and 49 read with Section 3(5) of ‘the B.N.S’. 3 Dr. YLR, J W.P.No.1860 of 2026 Dated 06.03.2026 5. Be that as it may, in the absence of any order passed by the competent authority/District Collector, an order of internment or excommunication cannot be passed, even orally, by Respondent No. 4. Respondent No. 4 has no authority to direct the petitioners not to enter their native village. 6. In view of the above submissions of the learned Assistant Government Pleader, the writ petition is disposed of, directing Respondent No. 4 not to pass any oral orders henceforth restraining the petitioners from entering their native village without following due process of law. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 06.03.2026 PBS 4 Dr. YLR, J W.P.No.1860 of 2026 Dated 06.03.2026 178 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1860 of 2026 Date: 06.03.2026 PBS