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2025 DAILYLAW 21890 (AP)

JAVVADI KIRAN KUMAR v. UNION OF INDIA

WP/15591/2025 · 2025-06-25

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE < TWO THOUSAND AND TWENTY FIVE ¥ PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR j AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 15591 OF 2025 Between; Javvadi Kiran Kumar, S/o Jawadhi Srinivasa Rao, Aged 30 yrs , R/at 11- 30-40/A, Gedda Veehi, Bheemunipatnam, Visakhapatnam. ...PETITIONER AND Union of India, Ministry of Finance, Represented by its Secretary, Sastry Bhavan, New Delhi. Cholamandalam Investment and Finance Company Limited, Represented by its Authorised Officer Sri Sudhakara Rao, Rajendranagar Branch Visakhapatnam. Sri V. Venu, (Advocate Commissioner appointed by Chief Judicial (Metropolitan) Magistrate in CrI MP No. 167/2025), Visakhapatnam. The Station House Officer, Bheemunipatnam Police Station, Visakhapatnam. Sri Venkatarao Lanka, S/o Lanka Narasimhulu, Aged 31 yrs , Gedda Veedhi, Pedda bazar Bheemunipatnam, Visakhapatnam 531163. (R1, was deleted from the array of respondents as per Court order dt.26/06/2025) 1. 2. 3. 4. 5. ...RESPONDENTS 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 to issue a Writ or Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents particularly 2 to 4 against the petitioners Tenanted house bearing Door No. 11-30- 40/A Ward No.21 T.S.No.787 Gedda Veedhi, Bheemunipatnam Village, Visakhapatnam there by Seized the entire Petitioners House Hold Articles (Refrigerator, Micro oven,Iron Almirahs, Air Conditioner, Coat and Furniture, Led T.V., Laptop, Clothes, Kitchen wear includes Gas Cylinder Etc) without any Order or Direction or without making any inventory by necking out the petitioner and his family members , without giving any breath of time nor issuance of any Notice there by put on Lock and Key by CRL MP utilizing the Commissioners Warrant dt.29-05-2025 in No. 167/2025 on the file of Chief Judicial (Metropolitan) Magistrate Visakhapatnam all are Illegal, Unlawful, beyond the power and jurisdiction Violation of Article 14,19,21,300-A- Consequently direct the respondents 2 to 4 to return all the Movable articles seized from the petitioners residence bearing D.No.l 1-30- 40/A,Gedda Veedhi, Bheemunipatnam, Visakhapatnam by receipt of proper acknowledgment. of the Constitution of India lA NO: 1 OF 2025 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 to direct the respondents 2 to 4 to return all the Movable articles belonging to the petitioner as seized in the house bearing D.No.l 1-30- 40/A ,Gedda Veedhi, Bheemunipatnam, Visakhapatnam pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI R. SIVA SAI SWARUP Counsel for the Respondent Nos.1,2,3 & 5:— Counsel for the Respondent No.4: GP FOR HOME The Court made the following: ORDER fe >> Bench Sr.No:-8 [3446] APHC010309442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 15591 of 2025 ...Petitioner Sri Javvadhi Kiran Kumar Vs. ...Respondents Union of India and others ********** Sri R. Leela Sai Sampath representing Sri R. Siva Sai Swarup Learned Government Pleader for Home Advocate for petitioner Advocate for respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRIJUSTICE R. RAGHUNANDAN RAO DATE : 26th June 2025 P C : The petitioner claims that he is a tenant in the premises i.e., house bearing Door No. 11-30-40/A, Ward No.21, T.S.No.787, Gedda Veedhi, Bheemunipatnam Village, Visakhapatnam. His possession thereof was taken away under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act) on 10.06.2025. It is, however, stated by the learned counsel for the petitioner that ail the movable articles and properties lying in the premises also have been locked by the Advocate Commissioner over which respondent No.2 has no lien. It is stated that appropriate direction be issued to respondent No.3 - Advocate 2. 2 House Officer, limited extent of The Station and respondent No.4 - Police Station movable properties of the petitioner. Commissioner Visakhapatnam to a Bheemunipatnam returning the limited nature of controversy, we respondent Nos.3 and 4 to verify the date when 10.06.2025 and in case he Be that as it may, considering the of this writ petition with a direction to 3. dispose to whether the petitioner was on actually in possession as possession was taken over by respondent No.2 on movable properties, which are after then all the be returned to him under a panchanama was in possession of the premises claimed by the petitioner inventory of the articles. No costs. making an miscellaneous applications, if any, shail stand closed. Sdf- K.J.RAJA BABU assistant registrar Pending //true copy// SECTION OFFICER appointed by Chief Judicial No.167/2025), Visakhapatnam. Bheemunipatnam Police Station^ To . Sri V. Venu, (Advocate Commissioner (Metropolitan) Magistrate 2. The Station House Officer 1 in Crl MP Visakhapatnam. CC to Sri R. Siva Sai Swarup , Advocate [OPUC] Court of A.P. at Amaravati[OUTl 3. One 4, Two CCS to GP for Home, High 5. Three CD Copies. ssb H HIGH COURT DATED:26/06/2025 ORDER WP.No. 15591 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS