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2025 DAILYLAW 15335 (AP)

Thati Gangaiah Yadav v. The State of Andhra Pradesh

WP/12556/2020 · 2025-09-07

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010194342020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12556/2020 Between: 1. THATI GANGAIAH YADAV, S/O. BALA SUBBANNA YADAV, AGED ABOUT 42YRS R/O. DOOR.NO.26/214, NETHAJI NAGAR, BANGARAIAH KOTTALU, PRODDATUR, Y.S.R.DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CRIME INVESTIGATION DEPARTMENT, ANDHRA PRADESH AP DGP HEAD QUARTERS, FIRST FLOOR, MANGALAGIRI, GUNTUR URBAN DISTRICT 3. THE INSPECTOR OF POLICE, THE INSPECTOR OF POLICE, CRIME INVESTIGATION DEPARTMENT, REGIONAL OFFICE, DOOR NO. 4- 78, PADMAVATHI PURAM, TIRUPATHI, CHITTOOR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR HOME 2. Y L SIVAKALPANA REDDY(SC CUM SPL PP,CID) THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12556 of 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring Notice, dated 23.06.2020 issued by the respondent No.3 demanding to deposit damages for use and occupation from the date of attachment of property mentioned in the schedule therein, till the date of issuance of notice into the Bank account of competent authority i.e., ADG, CID (Maheshwara Getti Pvt Ltd.) Current Account No.35526592943, State Bank of India, Court Complex Branch, Kadapa, IFSC Code.SBIN0016991 and also to deposit the same continuously, every month, eventhough, I am acquitted in Special Session Case No.2 of 2009 on the file of the Principal Sessions Judge, Kadapa without to any provision of law as arbitrary, illegal, colourable exercise of power and violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently set aside the same and pass.…” 2. None represented for the petitioner. 3. A counter affidavit has been filed on behalf of respondents 2 & 3. In Para No.8, it was contended as follows: “……as per Sub Section (3) of Section 4 of the Act the Competent Authority made an application before the Principal Sessions Judge, Kadapa to make the ad-interim attachment orders absolute. The same has been numbered as Crl.M.P.No.427 of 2017 in Cr.No.67/2008. The said court on merits has made the interim attachment absolute vide Order dated 27.12.2017. Thus, the properties under ad-interim attachment in GO.MS. No.25 Home (GENERAL-A2) Department of Government of AP was made absolute. The petitioner herein did not choose to file any appeal against the Orders passed by the special court, hence the order passed by the special court as attained finality.” 4. Learned Special Public Prosecutor for Crime Investigation Department would submit in view of the averments mentioned in the counter affidavit, the relief sought in the writ petition has become infructuous. 5. Recording the above said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.09.2025. TVN HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.12556 of 2020 Dated.08.09.2025 TVN 205