APHC010794582015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35761/2015 Between: 1. KARREDDULA VIJAYA, W/O SREENU, ERUKULA BY CASTE, AGED 40 YEARS, OCC: AGRICULTURAL COOLI, R/O STATION ROAD,VEDULLAPALLI VILLAGE, BAPATLA MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP.BY ITS COMMISSIONER, PROHIBITION AND EXCISE, NAMPALLI, HYDERABAD. 2. THE INSPECTOR, PROH.& EXCISE POLICE STATION, BAPATLA, GUNTUR DISTRICT. 3. THE SUBINSPECTOR, PROH & EXCISE POLICE STATION, BAPATLA, GUNTUR DISTRICT. 4. SAMBASIVA RAO, S/O NOT KNOWN TO THE PETITIONER, AGED MAJOR, OCC: CONSTABLE, PROH & EXCISE POLICE STATION, TENALI, GUNTUR DISTRICT. 5. THE INSPECTOR, PROHIBITION & EXCISE POLICE STATION, TENALI, GUNTUR 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 SRS,J W.P.No.35761 of 2015 pleased toto issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No. 2 to 5 in harassing the petitioner without any case or crime as illegal, arbitrary, and in violation of Art. 21 of the Constitution of India and consequently direct the respondents 2 to 5 not to harass the petitioner without any case or crime and pass. IA NO: 1 OF 2015(WPMP 45953 OF 2015 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 to direct the respondents 2 to 5 not to harass the petitioner without case or crime pending disposal of main Writ Petition and pass. Counsel for the Petitioner: 1. GANDURI NAGESWARA RAO Counsel for the Respondent(S): 1. GP FOR PROHIBITION & EXCISE (AP) 2. GORLE GOPALAKRISHNA The Court made the following: ::ORDER:: The above writ petition has been filed to declare the action of respondents 2 to 5 in harassing the petitioner, though he is not involved in any crime, as illegal and arbitrary. 2. The writ petition was listed on 26.11.2015 and interim order was passed in W.P.M.P.No.45953 of 2015, which reads as follows: “As it is the assertion of Sri Ganduri Nageswara Rao, learned counsel for the petitioner, that no case or crime is pending against the petitioner, there shall be a direction to the respondent authorities not to interfere with the life and liberty of the petitioner unless such interference is warranted in connection with any criminal investigation.” SRS,J W.P.No.35761 of 2015 3. In the counter affidavit filed on behalf of respondent No.2 it was stated that on 26.09.2015, as per the instructions of the Assistant Commissioner of Prohibition and Excise, Guntur, joint raids were conducted at suspected shops in Stuvartpuram Railway Station Road, as a routine practice. The raid party, in the presence of mediators, unearthed 700 litres of fermented jiggery, just in front and back of the petitioner‟s house. At that time, the petitioner‟s house was locked and no one was available in and around. The authorities registered a special report in case No.254/2015-16 under Section 7(A) read with 8(e) of the Andhra Pradesh Prohibition Act, 1995 (for short „the Act‟), on 26.09.2015. During further investigation, the petitioner was arrested on 07.10.2015. The petitioner was produced before the Magistrate, Bapatla and released on bail. Respondent No.2 never approached the petitioner for payment of illegal gratification. The petitioner is also an accused in crime Nos.5/2007-2008, 52 of 2014, 10 of 2015 and 18 of 2015. The excise officials are doing their legitimate duties to protect public health and law and order in Stuvartpuram village and surrounding areas. The allegation of the petitioner that on 26.09.2015 the Excise Inspector, along with Constable, came to her house and drafted Panchanama is specifically denied. After registration of the crime, excise authorities never approached the petitioner at any point of time. 4. No reply was filed by the petitioner, though counter affidavit of respondent No.2, was filed in December 2015. 5. As seen from the averments in the counter affidavit, it specifically discloses that the petitioner is involved in four to five crimes and that the respondents are not harassing the petitioner. 6. When the writ petition was listed on 05.07.2024 and 10.07.2024, there was no representation on behalf of the petitioner and the learned Assistant Government Pleader for Prohibition and Excise submitted that no cause survives in the writ petition. Even today, there is no representation on behalf of the petitioner. Page 4 of 5 SRS,J W.P.No.35761 of 2015 7. Given the averments in the counter affidavit as well as the facts and circumstances of the case, this writ petition is disposed of at the admission stage, directing the respondents not to harass the petitioner without following due procedure of law. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 01.08.2025 IKN SRS,J W.P.No.35761 of 2015 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35761/2015 Dated: 01.08.2025 IKN