APHC010695732018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33615/2018 Between: 1. M/S. GRYT INDIA HOSPITALS, REP. BY ITS MANAGING PARTNER YANDRA POLICE MOHAN RAO S/O BETHALA SWAMY AGED ABOUT. 61 YRS, D.NO.26-7-2, PALAKOLLU, PALAKOLLU MANDAL, MUCHARLAVARITHOTA, WEST GODAVARI DISTRICT ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE STATION HOUSE OFFICER, PERAVALI POLICE STATION WEST GODAVARI DISTRICT 3. MANDA CHINA VENKAT REDDY, S/O MANDA SURI REDDY AGED ABOUT. 45 YRS, OCC. EX.SARPANCH PITLAVEMAVARAM PERAVALI MANDAL, WEST GODAVARI DISTRICT ANDHRA PRADESH ...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 toto issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent 2 and 3 obstructing to collect the registration charges of Rs.100/- towards registration 2 fee for life membership, not returning the 150 applications in number and one motor cycle No.AP 37 BD 1022 kept with respondent No.3 is illegal, arbitrary, in violation of principles of natural justice and in violation of Article 300-A of the Constitution of India and consequently direct the respondents not obstruct the petitioner in collecting registration charges of Rs.100/- , returning the 150 applications, return one motor cycle No.AP 37 BD 1022 kept with respondent No.3, and pass IA NO: 1 OF 2018 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 the respondents not obstruct the petitioner in collecting registration charges of Rs.100/- , returning the 150 applications, return one motor cycle No.AP 37 BD 1022 kept with respondent No.3, pending disposal of the above writ petition, and pass Counsel for the Petitioner: 1. B PARAMESEWARA RAO 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 issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent 2 and 3 obstructing to collect the registration charges of Rs.100/- towards registration fee for life membership, not returning the 150 applications in number and one motor cycle No.AP 37 BD 1022 kept with respondent No.3 is illegal, arbitrary, in violation of principles of natural justice and in violation of Article 300-A of the Constitution of India and consequently direct the respondents not obstruct the petitioner in collecting registration charges of Rs.100/- , returning the 150 applications, return one motor cycle No.AP 37 BD 1022 kept with respondent No.3, and pass.…” 2. None represented for the petitioner. 3. Sri V.Farook, learned Assistant Government Pleader has placed written instructions dated 26.10.2018, from the Station House Officer, Peravali Police Station, West Godavari District. Learned Assistant Government Pleader would submit that a crime has been registered, investigation is not completed and it is coming up instructions. 4. For ready reference, it is relevant to extract certain portion from the written instruction below: It is submitted that basing on the written report dated 20.09.2018, submitted by the de-facto complainant Kovuri Ganapati Reddy, the 2nd respondent herein registered a case in crime No. 239/2018 on the file of the Peravali Police Station, against one Vendra Polis Mohan Rao, who is the Managing Partner of the Writ Petitioner herein, for the offence U/s. 420 IPC, for the allegation that the accused issued health cards to their villagers by collecting an amount of Rs. 100/- towards registration fee, by stating that they will get deposited 20% amount in their accounts in lieu of discount on the medical expenses, from all the hospitals. Easing on the same, the de-facto complainant obtained health cards for him and also for his wife. 4 Moreover, nearly 100 to 150 were sold by the accused to Jus villagers But when he went to a hospital and enquired about the said health card, he was informed that the said card is not valid and is fake. Basing on the same, when the accused was questioned by the villagers, he promised that he will return the amounts collected from them and went away by leaving his two wheeler. Finally, the accused did not honor his promise. It is submitted that after registering the crime, on the same day i.e, on 20.09.2018, the 2nd respondent herein went to the Panchayat Office where the accused promised the villagers about the repayment of their amounts, examined the same in the presence of mediators and seized the two wheeler bearing No AP 37BD 1022, which was left by the accused under cover of Mediators Report and kept the same in the safe custody of the 2nd respondent herein. During the course of investigation, the Investigating Officer examined LWs 1 to 15 and recorded their statements, including the Tahsildar, Peravali Mandal as LW10. Further, on 27.09.2018, he sent requisition to the District Medical Health Officer, Kakinada, for issuance of necessary information regarding the registration of such agency or organization if any in the District. In turn, the said DMHO, Kakinada issued reply vide Rc.No.Spl/SO(UIP)2018 dated 03.10.2018. The letter disclosed that there is no such agency registered in the East Godavari District. It is pertinent to mention here that the writ petitioner herein stated in his affidavit that he used to process the schemes under the approval of RDO, Kovvur and Tahsildar, Peravali Hence, the respondents 2 and I have no right to obstruct him. But in the statement given by the Tahsildar. Peravali (LW10), the Tahsildar disclosed that the accused shown permission letter issued by the RDO, Kovvur to him. which reveals that the permission issued by the RDO Kovvur is to the extent of conducting health awareness camps. Basing on the same, he also permitting him for conducting health camps. Basing on the said statement, it is cleared that the writ petitioner herein misrepresented the facts before the villagers and as well as this Hon'ble Court. It is pertinent to mention here that the other allegation of the writ petitioner herein is that the 2nd respondent herein took away 150 cards from the accused and also put his vehicle in the custody of the 3rd respondent herein is also concocted. Since the date of registration of the crime, the 2nd respondent herein did not secure the presence of the accused. In such circumstances, taking away of 150 cards will not arise. Moreover, the seized vehicle was kept in the safe custody of the 2nd respondent only. Hence all the allegations are denied herewith. 5 5. In view of the above, 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: 17.07.2025 MH 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 133 WRIT PETITION NO: 33615/2018 Dt.17.07.2025 MH