APHC010010952020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1007/2020 Between: 1. VANKA RAJULU,, S/O. LATE VANKA APPALASWAMY, HINDU, AGED ABOUT 65 YEARS, R/O. DR.NO.1-220, KAMBALARAYUDUPETA VILLAGE, VAJRAPUKOTTUR MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE GOVERNMENT OF AP, REPT. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATION HOUSE OFFICER, KASIBUGGA POLICE STATION, SRIKAKULAM 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 to issued a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2 respondent having passed the orders by the Hon'ble Magistrate Dated 09.02.2016 and 30.03.2016 directed the 2nd respondent to hand over the original title deed and original pattadar passbooks Old No.548 and new No.940 and also title deed 57230A577165, Patta No.950 to the petitioner after a laps of 3 years the 2 respondent is not implementing the Hon'ble Magistrate of 1st Class at Palasa in Crl.M.P.No.144 of 2015 dated 09.02.2016 and 30.03.2016 is illegally arbitrary and unjust 2 IA NO: 1 OF 2020 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 directing the 2nd respondent to implement order of the Hon'ble Magistrate of 1st Class at Palasa dated 09.02.2016 and 30.03.2016, pending disposal of the main Writ Petition Counsel for the Petitioner: 1. A PADMA Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: …. to issued a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2 respondent having passed the orders by the Hon'ble Magistrate Dated 09.02.2016 and 30.03.2016 directed the 2nd respondent to hand over the original title deed and original pattadar passbooks Old No.548 and new No.940 and also title deed 57230A577165, Patta No.950 to the petitioner after a laps of 3 years the 2 respondent is not implementing the Hon'ble Magistrate of 1st Class at Palasa in Crl.M.P.No.144 of 2015 dated 09.02.2016 and 30.03.2016 is illegally arbitrary and unjust.……” 2. Heard Smt.Akella Padma, learned counsel for the petitioner and V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that a crime has been registered against the unofficial respondents in Crime No. 155 of 2015, wherein they forcibly took away the original passbook and title deed from the petitioner. During the course of investigation, respondent No. 2 seized the original passbook and title deed from M. Tatayya. Thereafter, the petitioner filed a memo before the concerned Magistrate Court seeking return of the original documents seized by the police. The learned Magistrate passed an order dated 30.03.2016 directing respondent No. 2 to return the passbook to the petitioner, but the police did not comply. 4 4. Learned Assistant Government Pleader for Home has brought to the notice of the Court that the unofficial respondent preferred a revision case in C.R.P. No. 11 of 2016 on the file of the learned VI Additional District Judge, Sompeta, against the order passed by the concerned Magistrate directing the police to return the passbook to the petitioner. The revision was allowed vide orders dated 25.11.2016, and the matter was remanded to the trial Court for disposal after giving an opportunity to both parties. In that view, the cause of action does not survive in this matter. 5. Accordingly, this writ petition is disposed of. However, the petitioner is at liberty to pursue their remedy before the concerned Court. 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: 04.08.2025 MH 5 44 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.1007 of 2020 Dt.04.08.2025 MH