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2026 DAILYLAW 4960 (AP)

Ramamurthi Kodavali alias Rama Murthy Chetty v. The Union of India,

WP/17683/2026 · 2026-07-02

Ravi Cheemalapati

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 03.07.2026 Date of uploading : APHC010330102026 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE 3 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17683/2026 Between: 1. RAMAMURTHI KODAVALI ALIAS RAMA MURTHY CHETTY, KODAVALLI S/O K AKKAIAH, AGED ABOUT 58 YEARS, OCC PVT EMPLOYEE, R/O NO.53, NATURE CITY, 0PP. THE CREEK PLANET SCHOOL MERCURY 500043. 2. NIVEDHITHA KODAVALI ALAIS NIVEDITHA KODAVALI, W/O K RAMAMURTHY, AGED ABOUT 55 YEARS, OCC HOUSEWIFE, R/O NO.53, NATURE CITY, 0PP. THE CREEK PLANET SCHOOL MERCURY CAMPUS, BOWRAMPET, TELANGANA 1. THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI 2. THE BUREAU OF IMMIGRATION, REP. BY ITS COMMISSIONER, MINISTRY OF HOME AFFAIRS, EAST BLOCK PURAM, NEW DELHI 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH-522238. Date of reserved for orders : Date of pronouncement : 03.07.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17683/2026 RAMAMURTHI KODAVALI ALIAS RAMA MURTHY CHETTY, KODAVALLI S/O K AKKAIAH, AGED ABOUT 58 YEARS, OCC PVT EMPLOYEE, R/O NO.53, NATURE CITY, 0PP. THE CREEK PLANET SCHOOL MERCURY CAMPUS, BOWRAMPET, TELANGANA NIVEDHITHA KODAVALI ALAIS NIVEDITHA KODAVALI, W/O K RAMAMURTHY, AGED ABOUT 55 YEARS, OCC HOUSEWIFE, R/O NO.53, NATURE CITY, 0PP. THE CREEK PLANET SCHOOL MERCURY CAMPUS, BOWRAMPET, TELANGANA-500043. ...PETITIONER(S) AND THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110001. THE BUREAU OF IMMIGRATION, REP. BY ITS COMMISSIONER, MINISTRY OF HOME AFFAIRS, EAST BLOCK - VIII, LEVEL , NEW DELHI - 110 066 THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA 522238. IN THE HIGH COURT OF ANDHRA PRADESH [3332] HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI RAMAMURTHI KODAVALI ALIAS RAMA MURTHY CHETTY, KODAVALLI S/O K AKKAIAH, AGED ABOUT 58 YEARS, OCC PVT EMPLOYEE, R/O NO.53, NATURE CITY, 0PP. THE CREEK PLANET CAMPUS, BOWRAMPET, TELANGANA- NIVEDHITHA KODAVALI ALAIS NIVEDITHA KODAVALI, W/O K RAMAMURTHY, AGED ABOUT 55 YEARS, OCC HOUSEWIFE, R/O NO.53, NATURE CITY, 0PP. THE CREEK PLANET SCHOOL 500043. ...PETITIONER(S) THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF 110001. THE BUREAU OF IMMIGRATION, REP. BY ITS COMMISSIONER, VIII, LEVEL - II, R.K. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA 2 4. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR, ANDHRA PRADESH-522503. 5. SUPERINTENDENT OF POLICE, ANANTAPURAM DISTRICT, ANDHRA PRADESH-515001. 6. STATION HOUSE OFFICER, MAHILA UPS, ANANTAPUR, ANANTAPURAM DISTRICT ANDHRA PRADESH-515001. 7. SANKARA KAVITHA, W/O ROHIT SAI GANESH, R/O FLAT NO. C40, DWARAKA VILLAS, KALYANDURGAM ROAD, ANANTAPUR, ANANTAPUR DISTRICT, ANDHRA PRADESH-515001. ...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 pleased to issue a writ, order or direction more particularly one in the nature of mandamus, declaring the action of the Respondents No.1 to 6 in issuing Look-Out Circular/Look-Out Notice issued against me and issued against my wife vide LOG Ref.No.2500010460 dated 08.10.2025 in connection with Crime No.75 of 2025 of Mahila UPS, Anantapur, Anantapuram District as illegal, arbitrary and amounts to abdication of statutory duties cast up on them and also violative of Articles 14 and 21 of the Constitution of India and consequently cancel the Look-Out Circular/Look-Out Notice issued by Respondent No.1 to 6 against me and against my wife vide LOC Ref.No.2500010460 dated 08.10.2025 in connection with Crime No.75 of 2025 of Mahila UPS, Anantapur, Anantapuram and pass such IA NO: 1 OF 2026 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 stay of the Look-Out Circular/Look-Out Notice issued by Respondent No.1 to 6 against me and against my wife vide LOG Ref.No.2500010460 dated 08.10.2025 in connection with Crime No.75 of 2025 of Mahila UPS, Anantapur, Anantapuram District pending disposal of Writ Petition and pass such Counsel for the Petitioner(S): 1. VENSO LAW FIRM Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following order: Aggrieved by the action of respondent Nos.1 to 6 in issuing Look-Out Circular/Look-Out Notice issued against petitioner No.2 vide LOC Ref.No.2500010460 dated 08.10.2025 in connection with Crime No.75 of 2025 of Mahila UPS, Anantapur, Anantapuram District, the present Writ Petition has been filed. 3. Heard Sri Venkata Mohan Rao Pathakota, learned counsel for the petitioner and learned Central Government Counsel appearing for respondent Nos.1 and 2 and learned Assistant Government Pleader for Home appearing for respondent Nos.3 to 6. 4. Learned counsel for the petitioners, in elaboration to what has been stated in the affidavit contended that, a case was registered against the petitioners in Crime No.75 of 2025 of Mahila UPS, Anantapur. He further submitted that despite the petitioners having fully cooperated with the investigation authorities in the course of the investigation, a Look-Out Circular (LOC) dated 08.10.2025 was issued against petitioner No.2 in connection with the said Crime. He further submitted that the petitioners apprehend that they may be detained and prevented from travelling abroad, pursuant to the said Look-Out Circular, if they attempt to travel. Hence, prayed to cancel the Look- Out Notice issued against the petitioner No.2. 5. On the other hand, learned Central Government Counsel and learned Assistant Government Pleader for Home submitted that the petitioner No.2, 4 without first approaching the competent authorities for withdrawl/cancellation of the Look Out Circular, has straight away filed the present Writ Petition. They further contended that in view of the availability of such an alternative remedy, the present Writ Petition is not maintainable and the same is liable to be dismissed. 6. Perused the material available on record and considered the submissions made by learned counsel for the parties. 7. There is no dispute with regard to registration of Crime No.75 of 2025 on the file of Mahila UPS, Anantapur against the petitioners. The grievance of the petitioners is with regard to the issuance of the Look-Out Circular/Look- Out Notice against petitioner No.2 in connection with the said Crime. It is the specific contention of the respondents that petitioner No.2 has not approached the competent authority seeking withdrawal/cancellation of the Look-Out Circular before invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. There is some force in the contentions of the learned counsel for the respondents that the parties should invariably approach the authority concerned at the first instance. To entertain a Writ of Mandamus, it is a precondition that the aggrieved person should have approached the authorities competent against whom such a direction is sought for. The said representation/appeal acknowledged by the authorities competent must be available in the file of the authorities concerned. In the present case, admittedly, the petitioner has not approached the authority concerned. 5 8. In view of the same, instead of going into the merits and demerits of the case, this Court is inclined to dispose of the Writ petition, with the consent of both the parties, at the stage of admission itself with the following direction: i) The petitioner No.2 is at liberty to make an appropriate application/representation before the competent authority seeking withdrawal/cancellation of Look-Out Circular/Look-Out Notice. ii) On such submission of the application/representation by petitioner No.2, the respondent authorities are directed to consider and dispose of the same in accordance with law by passing a reasoned order as expeditiously as possible. 9. Accordingly, the Writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the writ petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 03.07.2026 MP Whether the order is: Speaking  Reasoned Reportable Non-reportable  6 54 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.17683 OF 2026 03.07.2026 MP