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2025 DAILYLAW 30016 (AP)

TIRUMAREDDI GOVINDAMMA v. The State of Andhra Pradesh

WP/22539/2025 · 2025-09-01

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010431632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22539/2025 Between: 1. TIRUMAREDDI GOVINDAMMA, W/O T. LATE KRISHNA AGED ABOUT 73 YEARS, HINDU, R/AT D.NO. 1-15, THOTA VEEDHI, BHOGAPURAM VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT, ANDHRA PRADESH-535216 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE SUPERINTENDENT OF POLICE, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, BHOGAPURAM POLICE STATION, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1. M.M.M. KRISHNA SANAPALA Counsel for the Respondent(S): 1. GP FOR HOME 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22539 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ of Mandamus declaring the action of the 3rd Respondent unlawfully seized the keys of the Petitioner's house i.e. Ground floor having assessment no. 1854, electricity service no. 121307B101001232, First floor having assessment no. 2695, electricity service no. 121807B101003081, situated at Thotaveedhi, Bhogapuram village and mandal. Vizianagaram District, which is not the subject matter of the alleged crime No. 404/2024, was registered against the Petitioner's son i.e., Tirumareddi. Murali under sections 318(4) BNS and Sections 21(1)(2)(3), 22, 23, of the BUDS Act, harassing the Petitioner which is not the subject matter of the alleged crime and the property is independently owned by the Petitioner, the Police action amounts to arbitrary exercise of power and harassment of an innocent senior citizen, no search warrant or judicial order authorizing seizure of the Petitioner's property has been produced, no justification exists for continued deprivation of property as illegal, arbitrary, unconstitutional and violative of fundamental rights and consequently to direct the Respondents to initiate departmental action against the erring police officials responsible for the unlawful seizure, award compensation to the Petitioner for severe mental agony and harassment and to pass.…” 2. Heard Sri M.M.M. Krishna Sanapala, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned Assistant Government Pleader for Home, on written instructions would submit that except for the lawful seizure of the Andhra Bank 3 passbook belonging to Accused No.1 in Crime No. 404 of 2024, at no point in time, have the police locked, taken possession of, or otherwise interfered with the petitioner’s house, nor have they disturbed her peaceful possession and enjoyment of the said premises. 4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5. Recording the above said submission, the Writ Petition is disposed of. 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: 02.09.2025. UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.22539 of 2025 Dated.02.09.2025 UPS 32