THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 1994 of 2024

ORDER:

The Writ Petition is filed under Article 226 of Constitution of India for the following relief/s “…..to issue any appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in orally instructing the Immigration Authorities at the airports to look out for the petitioner and to detain her without there being any lawful authority to them and without issuing any instruction in writing either to the immigration authorities or at least intimating the petitioner as to on which allegation and on which authority she is being detained in the airports and in refusing to give any copies of any such proceedings issued to look out for the petitioner at the airport as illegal, arbitrary, unjust against the Fundamental Rights of the petitioner and to consequently direct the respondent to immediately with draw any such oral or written instructions if any given to the Immigration Authorities at the airports in India tto look out for the petitioner and to detain her and to inform the same in writing the petitioner enabling her to have a free movement to India and to pass such other and further orders…..”

2. Learned counsel for the petitioner submitted that the present Writ Petition is filed to declare the action of the respondents in orally instructing the immigration Authorities at the Airports to look out for the petitioner and to detain her without there being any lawful authority to them and without issuing any instruction in writing either to the immigration authorities or at least intimating the petitioner as to on which allegation and on which authority she is being detained in the airports and in refusing to give any copies of any such proceedings issued to look out for the petitioner and to consequently direct the respondents to immediately with draw any such oral or written instructions if any given to the Immigration Authorities at the airports in India.

3. According to the written instructions provided by the learned Assistant Government Pleader, this Court summarizes the case of police that on 24.11.2019 at 13.00 hrs, one Ayapilla Srinivas resident of Venkojipalem, Visakhapatnam reported that a plot admeasuring 600 sq. yards found for sale in Eenadu newspaper and contacted Mr. M. Srinivasa Rao. The same was shown by Mr. M. Srinivasa Rao, which is having boundary wall on North and South sides and as per the document the plot belongs to Mrs. Y. Sadana, and he said that Mrs. Y. Sadana is his partner in their combined business. M. Srinivasa Rao was asked to lay the stones in the plot as no boundary walls towards East and West sides, before registration. Mr. Ayapilla Srinivas was paid sale consideration in favour of M. Srinivasa Rao and Y. Sadana. On 31.08.2018, Y. Sadana could not attend for registration and Mr. M. Srinivasa Rao convinced that she could not come as trains were cancelled due to heavy rains. Thereafter, registration was done on 14.09.2018 to A. Laxmi, GPA Holder, without laying the stones on east and west sides. Then, Mr. Ayapilla Srinivas got suspicious on the registration and get the measurements done and noticed the width (north-South) is 54 feet instead of 60 feet. Upon asking the same, Mr. M. Srinivas Rao signed MOU to refund the received amount within six months from the date of MOU and failed to pay.

4. In this context, the police during the course of investigation arrested the accused No. 1 M. Srinivasa Rao on 08.12.2019 and sent for remand. Since, the time of registration of FIR, the accused A-2 Yellapu (Nimmadala) Sadhana was in absconding. LOC was opened against the Accused No.2 Sadana vide LOC suspect No.2046960 to 204696 of No. 1/SIC(ACK)/LOC/2020- 4491, Bureau of Immigration (Ministry of Home Affairs), Government of India. Upon her arrival in India at Rajiv Gandhi International Airport following the death of her father-in-law, the police initially detained