APHC010182312026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR WRIT PETITION NO: 9169 OF 2026 Between: 1. GOTTAPU SUJATHA, W/o. Gottapu Ramesh Babu Aged 60 years, Occ Housewife, R/o. D.No. 11-147/1, Bandar Road, Opp TVS Show Room, Pamarru, Krishna District, AP -521157. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Chief Secretary, General Administration (Law AND order) Department, Secretariat Buildings, Amaravathi at Velagapudi, Guntur District. A.P-522237. 2. The District Collector AND District Magistrate, Krishna District, Chilakalapudi, Machilipatnam, Krishna District, A.P. - 521002. 3. The Superintendent of Police, Krishna District, Machilipatnam, Krishna District, A.P. - 521001. 4. The Station House Officer, Pamarru Police Station, Pamarru, Krishna District, A.P. - 521157. 5. The Superintendent, Central Prison, Rajamahendravaram, East Godavari District, A.P-533106. ...Respondents 2 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 tomay be pleased to issue writ order or direction more particularly one in the nature of Writ of Habeas Corpus, directing the 5 Respondent to produce the Detenu Viz., Gottapu Ramesh S/o. Ramakrishna aged about 64 years, R/o. D.No. 4-147-1, Bandar Road, Pamarru Village and detained in Central Prison Mandal, Krishna District, who is now Rajamahendravaram, East Godavari District before this Hon'ble Court and order for his release forthwith, after declaring his detention Order passed by the 2nd Respondent, vide Ref. No. REV-MAGLOPDL(PRC)/3/2026-SA(MAGL-1)-KCO, dated 24.03.2026, to declare the Orders dated 02/04/2026 vide G.O.Rt.No.15 passed by the 1st Respondent by approving the Detention Orders dated 24/03/206 passed by the 2nd Respondent as being illegal, arbitrary and un constitutional and violation of Article 21 and 22 of the Constitution of India and to declare the Orders dated 04/05/2026 vide G.O.Rt. No.18 passed by the 1st Respondent by confirming the Detention Orders dated 24/03/2026 passed by the 2nd respondent as illegal,arbitrary and violation of Article 21 and 22 of the constitution of India and consequently set aside the same. Consequently, direct the Respondents to release the Petitioner husband i.e., Gottapu Ramesh S/o. Ramakrishna, aged about 64 years, R/o. D.No. 4. 147-1, Bandar Road, Pamarru Village and Mandal, Krishna District, who is now detained in Central Prison, Rajamahendravaram, East Godavari District and pass such other order or orders which this Hon'ble Court may deem fit and proper in the circumstances of the case. Main prayer was amended as per c.o.dt.13.07.2026 vide I.A.No.3 of 2026 in W.P.No.9169 of 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 pleased to release the Detenu who is languishing in the 5TH Respondent Jail, forthwith by suspending the operation of the Detention Orders passed by the 3 2ND Respondent vide Ref. No. REV- MAGLOPDL(PRC)/3/2026-SA(MAGL- 1)-KCO, dated 24.03.2026 and pass IA NO: 2 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 May be pleased to permit the Petitioner amend the main prayer in the Writ Petition vide W.P. No. 9169 of adding “to declare the Orders dated 02/04/2026 vide G.O.Rt. herein to 2026 by No. 15 passed by the 1 Respondent by approving the Detention Orders dated 24/03/2026 passed by the 2nd Respondent as illegal, arbitrary, and violation of Article, 21 and 22 of the Constitution of India and consequently set-aside the same, before the consequential relief sought in the main Writ Petition and pass IA NO: 3 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 May be pleased to permit the Petitioner herein to amend the prayer in the Writ Petition vide W.P. No. 9169 of 2026 by adding to declare the Orders dated 04/05/2026 vide G.O.Rt. No. 18 passed by the 1 Respondent by confirming the Detention Orders dated 24/03/2026 passed by the 2nd Respondent as illegal, arbitrary, and violation of Article, 21 and 22 of the Constitution of India and consequently set-aside the same before the consequential set a side same sought in the main Writ petition and pass IA NO: 4 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 May be pleased to receive the Certified Copy of the Judgment dated 03/03/2026 in C.C. No. 48 of 2023 on the file of VI Addl. Judicial Magistrate of First Class, Vijayawada and Certified Copy of the Judgment dated 25/09/2025 in C.C. No. 256 of 2024 on the file of VI Addl.Judicial Magistrate of First Class, 4 Vijayawada and Certified Copy of the Judgment dated 23/09/2025 in C.C. No. 254 of 2024 on the file of VI Addl. Judicial Magistrate of First Class, Vijayawada and online copy of the Judgment dated 13/09/2025 in C.C. No. 58 of 2025 on the file of Principal Junior Civil Judge Court, Vijayawada as Additional Documents and pass Counsel for the Petitioner: P S P SURESH KUMAR Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 5 ADVANCE ORDER: :-(per Hon’ble Sri Justice Ravi Nath Tilhari) The writ petition is allowed, setting aside the impugned order of preventive detention by the 2nd respondent-The Collector & District Magistrate, Krishna District, passed against the detenu vide proceedings in File No: REV- MAGL0PDL(PRC)/3/2026-SA(MAGL-1)-KCO, dated 24.03.2026, and an order of confirmation passed by the State vide G.O.RT.No.18, Consumer Affairs Food & Civil Supplies (CS.I) Department, dated 04.05.2026. The detenu by name Sri Gottapu Ramesh Babu, S/o Rama Krishna, Age 64 years, Bandar Road, Pamarru Village and Mandal, Krishna District, Andhra Pradesh, shall be released/set free forthwith, if not detained in any other pending case. (Detailed order follows..) ____________________ RAVI NATH TILHARI, J ____________________ ALAPATI GIRIDHAR, J Date: 16.09.2026 Note: After despatching the advance order forthwith, file may be sent to the Court Masters’ Section. B/o. KPV