APHC010358982026 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE 22 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 19316/2026 Between: 1. G.NARASIMHULU, S/O G.NAGANNA AGED. 44 YEAR, OCC. RETIRED CRPF PERSONNEL RIO 2 ITURNOOL DISTRICT 518395 2. G.ADHI LAKSHMI, W/O G.NARASIMHULU AGED. 39 YEARS, OCC. HOUSE WIFE RIO 2 DISTRICT 518395 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRIRCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 522237 2. THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT 518001 3. THE SUB DIVISONAL POLICE OFFICER, PAT PATHIKONDA KURNOOL DISTRICT 518380 4. THE STATION HOUSE OFFICER, PATHIKONDA URBAN POLICE STATION PATHIKONDA KURNOOL DISTRICT 518380 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 permitting Petitioners herein IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 19316/2026 G.NARASIMHULU, S/O G.NAGANNA AGED. 44 YEAR, OCC. RETIRED CRPF PERSONNEL RIO 2-258, ALUR ALUR MANDL, ITURNOOL DISTRICT 518395 G.ADHI LAKSHMI, W/O G.NARASIMHULU AGED. 39 YEARS, OCC. HOUSE WIFE RIO 2-258, ALUR ALUR MANDAL, IURNOOL ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRIRCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 522237 THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT 518001 THE SUB DIVISONAL POLICE OFFICER, PATHIKONDA DIVISION PATHIKONDA KURNOOL DISTRICT 518380 THE STATION HOUSE OFFICER, PATHIKONDA URBAN POLICE STATION PATHIKONDA KURNOOL DISTRICT 518380 ...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 particularly one in nature of Writ of Mandamus, declaring the action on the part of Respondent No.4 in herein to enter the territorial limits of Hosuru Village, IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM G.NARASIMHULU, S/O G.NAGANNA AGED. 44 YEAR, OCC. 258, ALUR ALUR MANDL, G.ADHI LAKSHMI, W/O G.NARASIMHULU AGED. 39 YEARS, OCC. 258, ALUR ALUR MANDAL, IURNOOL ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP BY ITS PRIRCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT 518001 HIKONDA DIVISION THE STATION HOUSE OFFICER, PATHIKONDA URBAN POLICE ...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 particularly one in nature of Writ of Mandamus, declaring the action on the part of Respondent No.4 in not to enter the territorial limits of Hosuru Village, 2 MRK,J W.P.No.19316 of 2026 Pathikonda Mandal, Kurnool District for carrying out their cultivation activities in Petitioners Agriculture Lands in Survey Numbers 284-1A1A, 284-1A3A1, 309-1 respectively admeasuring Ac. 0-95 Cents, Ac. 0-7350 Cents, Ac. 0-50 Cents, situated at Pathikonda 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 permit Petitioners to reside within territorial limits of Hosuru Village, Pathikonda Mandal, Kurnool District for executing their cultivation activates and to pass 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 direct the officials of Respondent No.4 to permit Petitioners to reside within territorial limits of Hosuru Village, Pathikonda Mandal, Kurnool District for executing their cultivation activates and to pass Counsel for the Petitioner(S): 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 3 MRK,J W.P.No.19316 of 2026 The Court made the following Order: Instant Writ Petition has been filed under Article 226 of the Constitution of India, seeking the following relief: “…..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 riot permitting Petitioners herein to enter the territorial limits of Hosuru Village, Pathikonda Mandal, Kurnool District, for carrying out their cultivation activities in Petitioners Agriculture Lands in Survey Numbers 284 1A1A, 284-1A3A1, 309-1 respectively admeasuring Ac. 0.95 Cents, Ac. 0.7350 Cents, Ac. 0.95 Cents, Ac. 0.7350 Cents, Ac. 0.50 Cents situated at Pathikonda 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 permit Petitioners to reside within territorial limits of Hosuru Village, Pathikonda Mandal, Kurnool District, for executing their cultivation activates and to pass…..” 2. Learned counsel for the petitioners brought to the notice of this Court that, in the very same crime, i.e., Crime No.122 of 2024, some of the accused had filed Writ Petition No.1860 of 2026 before this Court, and this Court, after hearing the respective parties, disposed of the said writ petition on 06.03.2026. Since the present petitioners are similarly placed, learned counsel for the petitioners prayed that the same benefit be extended to them. 3. Learned Assistant Government Pleader for Home has not disputed the submissions made by learned counsel for the petitioners. 4. Indisputably, the petitioners are citizens of India, and the citizens are entitled to live or reside anywhere across India as per their will and wish. More particularly, in the absence of any specific restrictions imposed in accordance with law, they are entitled to reside anywhere in India in view of their 4 MRK,J W.P.No.19316 of 2026 constitutional rights. It is relevant to note that putting restrictions on the movement of citizens without following any procedure established by law leads to multifarious problems and is contrary to the fundamental rights of the citizens. 5. In this context, it is appropriate to note that the said principle was reiterated in Prabir Purkayastha v. State (NCT of Delhi) 1, wherein the Hon’ble Supreme Court held that the right to life and personal liberty under Article 21 is the most cherished and sacrosanct fundamental right guaranteed by the Constitution. The Hon’ble Apex Court held that no person can be deprived of his liberty except by the authority of the law and in strict compliance with a fair, just and reasonable procedure established by law and any restriction on an individual’s liberty, moment, or peaceful existence, without statutory sanction or due process, is arbitrary, unconstitutional, and violative of Articles 21 and 22 of the Constitution of India. 6. In this context, it is apt to extract the expression given by the Hon’ble Apex Court in Roy V.D. Vs. State of Kerala2: “7. The life and liberty of an individual is so sacrosanct that it cannot be allowed to be interfered with except under the authority of the law. It is a principle which has been recognized and applied in all civilized countries. In our Constitution, Article 21 guarantees protection of life and personal liberty not only to citizens of India but also aliens.” 1 (2024) 8 SCC 254 2 (2024) 8 SCC 590 5 MRK,J W.P.No.19316 of 2026 7. In the light of the above facts and circumstances, this Writ Petition is disposed of, directing the respondent-Police not to put any hindrance or restriction on the petitioners’ passage or their right to live according to their will and wish, except by following due process of law. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 22.07.2026 MDP