IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI . (Special Original Jurisdiction) 0 o FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21658 OF 2024 Between: Bellam Ankarao, S/o.Koteswara Rao, Age-31 Years, Occ; Technician (Ambulance), National High Way Authority of India, Patha Anna Samudram Village, Thripuranthakam Mandal, Prakasham District. ...PETITIONER AND 1. The State of Andhra Pradesh; Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Superintendent of Police (Urban), Guntur. 3. The Deputy Superintendent of Police, West Sub-Division, Guntur (Urban), Guntur. 4. The Circle Inspector of Police, West Circle, Guntur (Urban), Guntur. 5. The Station House Officer, Nagarampalem Police Station, Guntur (Urban), Guntur. 6. Aptus Value Housing Finance India Limited, Rep. by its Manager' Koritepadu, Guntur District. 7. Bommanaboina Kesava Rao, S/o.China Veerayya, Age not Known to the petitioner R/0.26-20-416/B, Sivaram Nagar, Chuttugunta, Guntur - 522 004. 8. Bommanaboina Sunitha, W/o.B.Kesava Rao, Age not known to the petitioner, R/0.26-20-416/B, Sivaram Nagar, Chuttugunta, Guntur - 522 004. ...RESPONDENTS 4 , Petition under Article 226 of the Constitution of India praying that in 'fhf.circumstances stated in the affidavit filed therewith, the High Court may bpvpieaseci to issue writ or order or direction more particularly one in the nl^e of wht of Mandamus action of the respondents 2 to 5 in not taking action upo'n the FIR No.407/2022 registered under Sec.448, 427, 506 r/w.34 I.P.C. besides upon accused there in who are Respondents No.7 and 8 herein by restoring possession of my RCC house bearing Door No.26-20- 146 situated in an extent of 238.88 sq.yards in T.S.No.47, Guntur Municipal Corporation, Guntur as illegal, arbitrary and violation of Art.14 and 21 of the Constitution of India. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bP pleased to direct the respondents 2 to 5 to take action upon the FIR No.407/2022 registered under Sec.448, 427, 506 r/w.34 I.P.C. besides upon accused therein and Respondents No.7 and 8 herein by restoring possession of my RCC house bearing Door No.26- 20-146 situated in an extent of 238.88 sq. yards in T.S.No.47, Guntur Municipal Corporation, Guntur pending disposal of the writ petition. Counsel for the Petitioner: SRI Y V SRINIVASAN Counsel for the Respondent Nos. 1 to 5: GP FOR HOME Counsel for the Respondent Nos. 6 to 8: — The Court made the following: ORDER APHC010420022024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21658/2024 Between: ...PETITIONER Bellam Ankarao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.YVSRINIVASAN Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following Order: Heard the learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondent Nos.1 to 5. Learned counsel for the petitioner submits that the petitioner has purchased the property in a public auction conducted by the 6*^ respondent and has also performed the housewarming ceremony on 10.08.2022. It is 2. submitted that the property which was purchased by the petitioner was th peacefully delivered to the petitioner by the representatives of the 6 respondent in presence of the officers of the respondent. It is submitted that the respondent, who happens to be a rowdy sheeter in the area, was initially the owner of the property which was purchased by the petitioner in the auction. It is submitted that the respondents 7 and 8 have forcibly and tried to dispossess the petitioner from the property and at that point of time, the petitioner has filed a complaint i.e., FIR.No.407 of 2022, which was not acted upon. As the police have not acted on the complaint of the petitioner, the respondents 7 and 8 are forcibly entered the house of the petitioner. 3. Learned Assistant Government Pleader submits that the police after registering the case issued a notice under Section 35(3) and that the investigation has been conducted and the charge sheet will be filed shortly. Learned counsel for the petitioner submits that as on the date of filing of FIR, the respondents 7 and 8 had necked out the petitioner and his family and have also extended threats of eliminating the petitioner in the event the petitioner goes back to the house of the petitioner. A complaint was lodged on 27.09.2022 at 09:00 P.M. However, the police have not acted on it, which resulted in the petitioner to stay away from his house. The petitioner had purchased a property to dwell in. The petitioner had purchased the said property in an auction conducted by respondent No.6. The respondent after taking physical possession of the house from the 7*'^ and 8*^ respondents have put it in auction. The petitioner had purchased it and also performed house warming ceremony function. 4. S,-.-.. ,p 3 5. While things stood thus, the 7**" and 8*'' respondents have used force to throw the petitioner out of his house on 27.09.2022. The inaction on the part of respondent has aided the and 8*^ respondent to occupy the house illegally. Such occupation using force would render auction proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, a nullity and the buyers will have to face unwarrantedhardship. Considering the submissions of learned counsel for the petitioner, the respondents 2 to 5 are directed to immediately ensure conducting a proper investigation and ascertain as to whether the respondents 7 and 8 have forcibly necked out the petitioner on 27.09.2022 and in such event, the respondents 2 to 5 shall endeavor the petitioner the restored possession of his house, as expeditiously as possible. 6. With these observations, the Writ Petition is disposed of. There 7. shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall 8. stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTTDN OFFICER To, Principal Secretary, Home Department, Secretariat Buildings 1. The Velagapudi, Guntur District. 2. The Superintendent of Police (Urban), Guntur. Deputy Superintendent of Police, West Sub-Division, Guntur (Urban), Guntur. 4. The Circle Inspector of Police, West Circle, Guntur (Urban), Guntur. 3. The 5. The Station House Officer, Nagarampalem Police Station, Guntur (Urban), Guntur. 6. The Manager, Aptus Value Housing Finance India Limited, Koritepadu, Guntur District. 7. One CC to Sri Y V Srinivasan, Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies TF HIGH COURT DATED:04/04/2025 ORDER WP.No.21658 of 2024 OF I 01 APR 2025 ^ . Current Section . DISPOSING OF THE W.P., WITHOUT COSTS