APHC010455902024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23491/2024 Between: 1. MALLA BALARAM SWAMY, S/O LATE APPARAO, AGED ABOUT 58 YEARS, R/O 14/17-2C, RYTHU SANGHAM VEEDHI NIDHANAM DODDI, ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER SHO, GAJUWAKA POLICE STATION, GAJUWAKA, VISAKHAPATNAM DISTRICT ANDHRA PRADESH. 4. THE DEPARTMENT OF JUVENILE WELFARE CORRECTIONAL SERVICES AND WELFARE OF STREET CHILDREN, GOVERNMENT OBSERVATION HOME FOR BOYS, AP GOVERNMENT, REP. BY ITS SUPERINTENDENT/ PROBATION OFFICER, DHINDAYAL PURAMU, OPP. CHINAGADILI, GVMC ZONAL OFFICE, VISAKHAPATNAM. ...RESPONDENT(S): Counsel for the Petitioner: 2 1. SREEMANNARAYANA VATTIKUTI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23491 of 2024 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, or any other appropriate writ, order, or direction, declaring the action of Respondent No. 3 in forcibly taking custody of the petitioner's child and placing him under the custody of Respondent No. 4 as illegal. arbitrary, and in violation of the petitioner's fundamental rights under Articles 21 and 14 of the Constitution of India, as well as the principles of natural justice and Consequently, this Hon'ble Court may be pleased to direct the respondents to immediately release the child from the Government Observation Home for Boys, Visakhapatnam, and restore his custody to the petitioner and pass.…” 2. Heard Sri Sreemannarayana Vattikuti, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the petitioner and his wife had two daughters and one son. Their two daughters were married and the petitioner’s son passed away at the age of 33 years. After the death of their son, they adopted a boy at Annavaram on 05.05.2023 and took him into their care. But on 20.08.2024, the respondent No.3 took the child from the petitioner’s home on the false pretext that the child was part of a child trafficking ring. He would further submit that the petitioner has no involvement with the alleged activities. 4 4. Learned Assistant Government Pleader for Home on written instructions would submit that in the process of rescuing trafficking children by the City taskforce Police Station Staff, formed as teams, started raids to recover the trafficking children through Visakhapatnam and other districts. Accordingly, on 20.08.2024, evening the staff of City Task Force P.S., Visakhapatnam, recovered a child from the petitioner, later, on the same day, they handed over the said child to Govt. Children Home for Boys, Visakhapatnam for safe custody. 5. Considering the submissions and a fair look at the material placed on record, there are disputed questions of facts and this Court cannot examine and interfere in such facts. The matter requires investigation at full length of trial. In that view, it is apposite to dispose of this petition with a liberty to the petitioner to recourse his remedies for the custody of the child under Guardians and Wards Act, 1890 before the appropriate forum. 6. With these observations, this 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: 04.09.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.23491 of 2024 Dated.04.09.2025 UPS 418