Garikapati Usha Kranthi v. The State of Andhra Pradesh,
WP/21324/2025 · 2025-08-21
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29305 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29305 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010418102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •i n FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21324 OF 2025 Between:
1. Garikapati Usha Kranthi, W/o Garikapati Ramesh Raja, Aged about 46 years. Occupation- Home maker. Owner of Innova Car Bearing Regd No- AP39UF1008, DANAVAYAPETA, ADIVIPALLIPALEM, Adivi, District Guntur, Andhra Pradesh - 522101. 2. Garikapati Ramesh Raja, S/0 Garikapati Subbarao, Aged about 48 years, Danavayapeta, Adivipallipalem, Adivi, Guntur, Andhra Pradesh -522101. ...Petitioners AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary Home Department, Secretariat Buildings ,Velagapudi, Guntur District. 2. The Superintendent of Police, Narsaraopeta, Palanadu District. 3. The Station House Officer, Karempudi Police Station ,Palanadu District. ...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 an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in seizing the Innova Car Bearing Registered No AP39UF1008 of the Petitioner
^ in connection with FIR. No. 70/2025 dated 08.08.2025 without following the procedure known to the law as illegal irregular ultra vices arbitrary highhanded mala fide and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release the Innova Car Bearing Registered No AP39UF1008 of the Petitioner forthwith in the interest of justice. 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 respondents to release the Innova Car Bearing Registered No: AP39UF1008 to petitioner pending disposal of the above writ petition. lA NO: 2 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 3rd respondent to give the nine mobile handsets including sim cards to the petitioner and associates of the petitioner.
Counsel for the Petitioners: SRI GUNDALA SIVA PRASADA REDDY Counsel for the Respondent Nos.1 to 3: GP FOR HOME The Court made the following order:
V - 1 APHC010418102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21324/2025 Between:
1.GARIKAPATI USHA KRANTHI, W/0 GARIKAPATI RAMESH RAJA, AGED ABOUT 46 YEARS, OCCUPATION- HOME MAKER, OWNER OF INNOVA CAR BEARING REGD NO- AP39UF1008, DANAVAYAPETA, ADIVIPALLIPALEM, ADIVI, DISTRICT GUNTUR, ANDHRA PRADESH - 522101. 2.GARIKAPATI RAMESH RAJA,, S/0 GARIKAPATI SUBBARAO, AGED ABOUT 48 YEARS, DANAVAYAPETA, ADIVIPALLIPALEM, ADIVI, GUNTUR, ANDHRAPRADESH - 522101. ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS ,VELAGAPUDI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, NARSARAOPETA, PALANADU DISTRICT. 3.THE STATION HOUSE OFFICER, KAREMPUDI POLICE STATION ,PALANADU DISTRICT. ...RESPONDENT(S); 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 an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in
2 seizing the Innova Car Bearing Registered No AP39UF1008 of the Petitioner in connection with FIR.
No. 70/2025 dated 08.08.2025 without following the as illegal irregular ultra vices arbitrary highhanded mala fide and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14 and 21 of the consequently direct the respondents to release the Innova Car Bearing Registered No AP39UF1008 of the Petitioner forthwith in the interest of justice and pass 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 pleased to direct respondents to release the Innova Car Bearing Registered No: AP39UF1008 to petitioner pending disposal of the above writ petition and pass lA NO: 2 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 may be pleased to direct the 3rd respondent to give the nine mobile handsets including sim cards to the petitioner and associates of the petitioner and pass Counsel for the Petitioner(S):
1.GUNDALA SIVA PRASADA REDDY Counsel for the Respondent(S):
1.GP FOR HOME procedure known to the law Constitution of India and
3 % THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21324 of 2025
ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“. .pleased to issue an appropriate
order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in seizing the Innova Car Bearing Registered No AP39UF1008 of the Petitioner in connection with FIR. No. 70/2025 dated 08.08.2025 without following the procedure known to the law as illegal irregular ultra vices arbitrary highhanded mala fide and contrary to the procedure established by law and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release the Innova Car Bearing Registered No AP39UF1008 of the Petitioner forthwith in the interest ofjustice and pass....” Heard Sri Gundala Siva Prasada Reddy,
learned counsel for the
2. petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. Learned Assistant Government Pleader for Home on written
3. instructions would submit that the seized properties are produced before the concerned Magistrate.
Learned counsel for the petitioners would submit that the petition may
4. be disposed of by giving liberty to the petitioners to work out their remedies before the Court where the property were furnished. Considering the submissions, the Writ Petition is disposed of. However, the petitioners are at liberty to work out their remedies before the concerned
5.
Magistrate Court where the said property were produced and the learned Judge may take appropriate decision As a sequel thereto, miscellaneous according to law. petitions pending, if any, shall stand Sd/- N NAGAMMA ASSISTANT registrar closed.
//TRUE COPY// 5? To, SECTION OFFICER 1- The Principal Secretary Home .Velagapudi, Guntur District.
2. The Superintendent of Police, Narsaraopeta, Palanadu District
3. The Station House Officer, Karempudi Police
4. One CC to Sri. Gundala Siva Prasada
5. Two CCS to GP For Home,
6. Two CD Copies. Department, Secretariat Buildings Station , Palanadu District. Reddy, Advocate [OPUC] High Court of Andhra Pradesh [OUT] AL
r HIGH COURT DATED:22/08/2025
ORDER WP NO. 21324 OF 2025 *( 0 'I SEP 2025 nrentSectioii/ DISPOSING OF THE W.P. WITHOUT COSTS