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2026 DAILYLAW 7349 (AP)

Smt. Sivakumar Menakshi v. The State of Andhra Pradesh

WP/21932/2026 · 2026-08-16

Alapati Giridhar, Ravi Nath Tilhari

body2026

Judgment text

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1 (RNT,J & AGD,J W.P. NO.21932 OF 2026) APHC010407372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR WRIT PETITION NO: 21932 OF 2026 Between: 1. Smt. Sivakumar Menakshi, , wife of R. P. S. Sivakumar, aged about 45 years, R/o.H.No.25-57 (Door No.25-1-1436), 1St Street, Indira Gandhi Nagar, Podalakur Road, Opp ZP High Scholl, Nellore Rural Mandal, Nellore City. SPSR Nellore District-524004 ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Chief Secretary, 1st Block, 1St Floor, Interim Secretariat Complex, Velagapudi, Guntur District. 522238. 2. The State of Andhra Pradesh, rep. by its Secretary to the Government, (L and O), General Administration (SC.I) Department, Interim Secretariat Complex, Velagapudi, Guntur District. 522238. 3. The District Collector and Magistrate, SPSR Nellore District, Nellore City, AP. 524001. 4. The Superintendent, Central Prison, Kadapa, YSR District, AP.516002. 2 (RNT,J & AGD,J W.P. NO.21932 OF 2026) 5. The Station House Officer, V Town Police Station or Vedayapalem Police Station, Nellore City, SPSR Nellore District, AP. 524004 ...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 be pleased toissue, a writ, order or direction more particularly one in the nature Writ of Mandamus for not considering the application filed by the petitioner on 16.07.2026 and received by the 1st and 3rd respondents on 20.07.2026 and 17.07.2026 respectively in the light of the directions in WP.No.6381 of 2026 dated 02.07.2026 while dismissing the Writ of Habeas Corpus of detention order is bad, illegal, arbitrary unconstitutional and also contrary to settled by the three judges bench in the matter of Rekha vs State of Tamilnadu TF secretary to Government and Others as reported in 2011 AIR SCW 2262 and consequently further direct the 1st and 3rd respondents herein to reconsider the petitioners son namely Siva Kumar Krishna Sal @ Kittus detention order vide Rc. C 1(Magl) / 23/ 2026 dated 23.02.2026 and as confirmed by the 1St respondent Government through vide G.O.Rt.No.814 General Administration Department dated 21.04.2026 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 direct the 1st respondent herein to consider the petitioner representation dated 16.07.2026 as filed under the directions of this Hon'ble Court pleased to pass in WP.No.6381 of 2026 on 02.07.2026, pending disposal of the above said writ petition Counsel for the Petitioner: V SURENDRA REDDY Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: 3 (RNT,J & AGD,J W.P. NO.21932 OF 2026) ORDER :- (per Hon’ble Sri Justice Ravi Nath Tilhari) Sri V.Surendra Reddy, learned counsel for the writ petitioner, submits that the earlier writ petition i.e., W.P.No.6381 of 2026, was filed by the same petitioner seeking release of the same detenu, so also challenging the order of preventive detention. The writ petition was dismissed on 02.07.2026, granting liberty to the petitioner to file a representation, as may be permissible under law. 2. Learned counsel further submits that, pursuant to the order dated 02.07.2026, a representation was filed by the petitioner. However, the same was rejected on 11.08.2026. He submits that the present writ petition was initially filed as no decision had been taken on the said representation and that, during the pendency of the present writ petition, the representation came to be rejected. 3. In view of the subsequent rejection of the representation, learned counsel for the petitioner seeks permission to withdraw the present writ petition, with liberty to challenge the order of rejection by filing a fresh writ petition. 4. In the aforesaid circumstances, the writ petition is dismissed as withdrawn, granting liberty to the petitioner to challenge the order of rejection by filing a fresh writ petition, in accordance with law. 4 (RNT,J & AGD,J W.P. NO.21932 OF 2026) No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J ____________________ ALAPATI GIRIDHAR, J Date : 17.08.2026. RPD. 5 (RNT,J & AGD,J W.P. NO.21932 OF 2026) 25 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR (DISMISSED AS WITHDRAWN) WRIT PETITION NO: 21932 of 2026 Date: 17.08.2026 RPD.