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2026 DAILYLAW 932 (AP)

KARNATI DIVYA v. UNION OF INDIA

WP/11078/2026 · 2026-04-23

Battu Devanand

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010219192026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] FRIDAY,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO: 11078/2026 Between: 1. KARNATI DIVYA, W/O KARNATI SATISH BABU @ SATHYA DEV, AGED ABOUT 28 YEARS, R/O D.NO., 1ST LANE, TAMMAREDDY NAGAR, NANDIVELUGU ROAD, OLD GUNTUR,GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE ANNEXE, TILAK MARG,NEW DELHI - 110001. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, -522238 3. THE DIRECTOR GENERAL OF POLICE DGP AP POLICE HEADQUARTERS, MANGALAGIRI,GUNTUR DISTRICT,ANDHRA PRADESH -522503. 4. REGIONAL PASSPORT OFFICE, DOOR NO 38-8-45, VENKATESWARA THEATRE COMPLEX, OPPOSITE ALL INDIA RADIO, MG ROAD, VIJAYAWADA -520010, ANDHRA PRADESH. 5. SUPERINTENDENT OF POLICEGUNTUR, COLLECTOR OFFICE ROAD, NEAR THE COLLECTORATE IN GUNTUR, ANDHRA PRADESH, ANDHRA PRADESH.-522004 2 6. THE STATION HOUSE OFFICER, MAHILA POLICE STATION, NEAR POLICE PARADE GROUND, BRODIPET, GUNTUR, ANDHRA PRADESH, 522002 GUNTUR DISTRICT.-522004 7. KARNATI SATISH BABU, @ SATHYA DEV, S/O VEERABADRA RAO AGED ABOUT 51 YEARS,PRESENTLY RESIDING AT 13954, MANSARELE AVE, UNIT-261 HERNDON, VIRGINIA STATE -20171- UNITED STATES OF AMERICA PERMANENT ADDRESS ANDUKURU VILLAGE, KROSURU MADAL, PALNADU DISTRICT - 522410- ...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 topleased toissue a Writ, order or direction particularly one in the nature of Writ of Mandamus declaring the inaction of Respondents in not acting upon the representation dated 31-12- 2025 as illegal and arbitrary, violation of my fundamental rights under articles 14 and 21 of the constitution of India and consequently direct the Respondents i) to consider the representation submitted by the petitioner ii) to verify immigration status of Respondent No. 7 iii) to initiate proceedings for impounding passport of Respondent No. 7 under Section 10(3) of Passports Act, 1967 iv) to take necessary steps for issuance of Look Out Circular (LOC) against Respondent No. 7 and pass Counsel for the Petitioner: 1. PALLAGANI RAVI BABU Counsel for the Respondent(S): 1. GP FOR HOME 2. I. KASI ANNAPURNA FOR R1 TO R4 The Court made the following: 3 THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.11078 of 2026 ORDER: - This writ petition is filed seeking against inaction of the respondents in not acting upon the representation dated 31.12.2025, submitted by the petitioner. 2. Heard learned counsel for the petitioner, learned Standing Counsel to the respondent Nos.1 and 4, learned Government Pleader for Home to the respondent Nos.2, 3, 5 & 6 and perused the material available on record. 3. The petitioner and respondent No.7 are wife and husband. The petitioner made certain complaints against the respondent No.7 and to that effect two (02) criminal cases are registered in the Guntur District at two different police stations by the petitioner against the respondent No.7. It is the case of the petitioner that there are several criminal cases registered against the respondent No.7 and those cases are also pending. Now the grievance of the writ petitioner is that the respondent No.7 is trying to avoid the criminal cases to participate in the investigation process and trying to fly abroad. 4. Accordingly, petitioner made a representation to the respondent No.1, requesting to issue Look Out Circular against the respondent No.7. Against the inaction of respondent No.1 in considering the same, petitioner approached this Court by filing this writ petition. 4 5. Learned counsel appearing for the respondents would submit that as per the procedure issued vide circular No.25016/10/2017-Imm (pt.), dated 22.02.2021, concerned Investigation Officer has to submit request to the Bureau of Immigration through the concerned Superintendent of Police for issuing Look Out Circular. The de facto complainant is not supposed to request for LOC directly from the Bureau of Immigration. 6. In view of the above settled procedure to issue Look Out Circular, the request of the petitioner made in representation dated 31.12.2025, would not be considered by the respondent No.1 and the petitioner cannot insist the respondent No.1 to act upon the said representation, which is contrary to the Look Out Circular guidelines issued as mentioned herein above. 7. Accordingly, this Writ Petition is dismissed. 8. It is open to the petitioner to submit representation to the concerned Investigation Officer or to the concerned Superintendent of Police of the District requesting to send requisition to the Bureau of Immigration to issue LOC against the respondent No.7, if so advised. 9. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _________________________ JUSTICE BATTU DEVANAND Date: 24.04.2026 SA 5 177 THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.11078 of 2026 Dt.24.04.2026 SA