(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND FOURTEEN : PRESENT:
THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP :10819 of 2014 Between:
Y.S. Konda Reddy, S/o. Y.S. Prakash Reddy AND . Petitioner
1. The Government of Andhra Pradesh, Rep. by its Secretary, Home Department, Secretariat Buildings, Hyderabad.
2. The Superintendent of Police, YSR Kadapa District.
3. The Sub-Divisional of Police, Pulivendula, YSR Kadapa District.
4. The Circle Inspector of Police, Lakkireddypalli Circle, YSR Kadapa District.
5. The Circle Inspector of Police, Pulivendula Circle, YSR Kadapa District.
6. The Sub-Inspector of Police, Chakrayapeta Police Station, YSR Kadapa District.
7. The Sub-Inspector of Police, R.K. Valley Police Station, YSR Kadapa District.
8. Harinath Babu, Occ: Sub-Division Police Officer, O/o. The Sub- Division of Police, Pulivendula, YSR Kadapa District.
. Respondents WHEREAS the Petitioner above named through his Advocate Sri Sudhakara Reddy Ponnavolu presented this writ petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the petitioner's personal liberty by calling the petitioner to the police stations and putting the petitioner under house arrest without following due process of law as arbitrary, illegal and violative of Article 21 of Constitution of India and consequently direct the respondents not to call the petitioner to the police stations and not to put the petitioner under house arrest;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Sudhakara Reddy Ponnavolu Advocate for the Petitioner, and the learned Assistant Government Pleader for Home seeks time to secure instructions in the matter, directed issue of notice to the Respondents herein returnable by 09-06-2014 to show cause as to why this writ petition should not be admitted in the circumstances set out in the petition and the affidavit filed in Writ Petition; You viz;
1. The Secretary, Home Department, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad.
2. The Superintendent of Police, YSR Kadapa District.
3. The Sub-Divisional of Police, Pulivendula, YSR Kadapa District.
4. The Circle Inspector of Police, Lakkireddypalli Circle, YSR Kadapa District.
5. The Circle Inspector of Police, Pulivendula Circle, YSR Kadapa District.
6. The Sub-Inspector of Police, Chakrayapeta Police Station, YSR Kadapa District.
7. The Sub-Inspector of Police, R.K. Valley Police Station, YSR Kadapa District.
8. Harinath Babu, Occ: Sub-Division Police Officer, O/o. The Sub- Division of Police, Pulivendula, YSR Kadapa District.
are directed to show cause on or before 09-06-2014 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted. The Court made the following ORDER:
Notice before admission returnable by 09-06-2014.
Learned Assistant Government Pleader for Home seeks time to secure instructions in the matter.
In view of the grave nature of the allegations made by the petitioner in the affidavit filed in support of the writ petition and specifically alleging that he has been literally confined to Y.S.R. Family Guesthouse and he is not allowed to come out therefrom by the police, though, such statements cannot be taken for granted on their face value, but nonetheless the law has never recognized any unauthorized detention of individuals in the manner in which the llegations have been made. Therefore, the S.I. Police, R.K. Valley Police Station, YSR Kadapa District and the Circle Inspector of Police, Pulivendula Circle, YSR Kadapa District, will ensure that the petitioner’s movements in and around idupulapaya Village are not restricted in any manner contrary to law. The petitioner shall not be prevented from exercising his franchise also in the coming elections, but however the petitioner shall not indulge in any political activity on behalf of any particular political party.
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Secretary, Home Department, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad.
2. The Superintendent of Police, YSR Kadapa District.
3. The Sub-Divisional of Police, Pulivendula, YSR Kadapa District.
4. The Circle Inspector of Police, Lakkireddypalli Circle, YSR Kadapa District.
5. The Circle Inspector of Police, Pulivendula Circle, YSR Kadapa District.
6. The Sub-Inspector of Police, Chakrayapeta Police Station, YSR Kadapa District.
7. The Sub-Inspector of Police, R.K. Valley Police Station, YSR Kadapa District.
8. Harinath Babu, Occ: Sub-Division Police Officer, O/o. The Sub- Division of Police, Pulivendula, YSR Kadapa District. (Addressees 1 to 8 by RPAD along with a copy of petition and affidavit)
9. Two CC to GP for Home, High Court of A.P Hyderabad(OUT)
10. One CC to Sri Sudhakara Reddy Ponnavolu, Advocate(OPUC)
11. One spare copy Csk HIGH COURT NRRJ DATE: 29-04-2014 NOTE: POST ON 09-06-2014 NOTICE BEFORE ADMISSION WP. NO. 10819 OF 2014 DIRECTION HIGH COURT Csk Date of drafting 02-05-2014 NRRJ DATE: 29-04-2014 NOTE: POST ON 09-06-2014 NOTICE BEFORE ADMISSION WP. NO. 10819 OF 2014 DIRECTION