Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 40528 (AP)

The Muthoot Finance Ltd. v. The State of Andhra Pradesh,

WP/4547/2022 · 2025-11-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010070412022 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT Between: 1. The Muthoot Finance Ltd., Chirala Branch, Prakasham District, Rep. by its Manager, Kommu John Babu S/o. Kommu Krupa Rao, Age . 42 years, Regional Office, Singarajuvari Street Nellore, Andhra Pradesh. 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Guntur, Andhra Pradesh_ 2. The Director General of Police, State of Andhra Pradesh, Buckinghampeta, Vijayawada, Andhra Pradesh 3. The Superintendent of Police, Prakasham District, Kurnool Road, Sujatha Nagar, Prakasam District, Ongole, Andhra Pradesh 4. The SubDivisional Police Officer, Chirala, Prakasham District,Andhra Pradesh. 5. The Station House Officer, Chirala Rura Andhra Pradesh 6. Pittu Gopi Krishna, S/o. Venkata Rao, Aged. 25 years, R/o. Pittuvaripalem Village, Chirala Mandal, Prakasham District, Andhra Pradesh. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4547 OF 2022 1. The Muthoot Finance Ltd., Chirala Branch, Prakasham District, Rep. by its Manager, Kommu John Babu S/o. Kommu Krupa Rao, Age . 42 years, Regional Office, Singarajuvari Street Nellore, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Guntur, Andhra Pradesh_ 2. The Director General of Police, State of Andhra Pradesh, Buckinghampeta, Vijayawada, Andhra Pradesh - 520002. 3. The Superintendent of Police, Prakasham District, Kurnool Road, Sujatha Nagar, Prakasam District, Ongole, Andhra Pradesh - 523001 4. The SubDivisional Police Officer, Chirala, Prakasham District,Andhra 5. The Station House Officer, Chirala Rural Police Station Prakasam District, 6. Pittu Gopi Krishna, S/o. Venkata Rao, Aged. 25 years, R/o. Pittuvaripalem Village, Chirala Mandal, Prakasham District, Andhra Pradesh. IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE SEVENTEENTH DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. The Muthoot Finance Ltd., Chirala Branch, Prakasham District, Rep. by its Manager, Kommu John Babu S/o. Kommu Krupa Rao, Age . 42 years, ...Petitioner 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Guntur, Andhra Pradesh_ 2. The Director General of Police, State of Andhra Pradesh, Buckinghampeta, 3. The Superintendent of Police, Prakasham District, Kurnool Road, Sujatha 4. The SubDivisional Police Officer, Chirala, Prakasham District,Andhra l Police Station Prakasam District, 6. Pittu Gopi Krishna, S/o. Venkata Rao, Aged. 25 years, R/o. Pittuvaripalem ...Respondents 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 issue a Writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th and 5th Respondents in issuing the Notices dated 12.02.2022 in respect of loan accounts belonging to 2) Nakkala Yedukondalu, 3) Usa Siva Nagaraju and 4) Kommanaboina Yesubabu, whose names are mentioned in the impugned notices and personal visits and extending threats to the employees of the Petitioner to hand over the gold ornaments in respect of loan amounts sanctioned to the above borrowers without any manner of right under the guise of registration of FIR in Crime No.279/2021 under sections 420, 386, 467 r/w. 34 IPC, Section 5 of Andhra Pradesh Protection of Depositors of Financial Establishment Act, 1999 and interference of the 4th 85 5th Respondents with the day-to-day business activities of. the Petitioner's Company without following due process of law as illegal, unwarranted, unsustainable, arbitrary, unconstitutional, against Law as well as principles of natural justice and consequently set aside the impugned notices dated.12.02.2022 of 4th and 5th Respondents herein and direct the Respondents not to interference with the business activities of the Petitioner Company without following due process of law and pass IA NO: 1 OF 2022 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 not to arrest and not to interfere with the business activities of the Petitioner Company under the guise of Notices dated 12.02.2022 of 4th and 5th Respondents herein without following due process of law and pass Counsel for the Petitioner: K B RAMANNA DORA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4547 OF 2022 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “….to issue a Writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th and 5th Respondents in issuing the Notices dated 12.02.2022 in respect of loan accounts belonging to 2) Nakkala Yedukondalu, 3) Usa Siva Nagaraju and 4) Kommanaboina Yesubabu, whose names are mentioned in the impugned notices and personal visits and extending threats to the employees of the Petitioner to hand over the gold ornaments in respect of loan amounts sanctioned to the above borrowers without any manner of right under the guise of registration of FIR in Crime No.279/2021 under sections 420, 386, 467 r/w. 34 IPC, Section 5 of Andhra Pradesh Protection of Depositors of Financial Establishment Act, 1999 and interference of the 4th 85 5th Respondents with the day-to-day business activities of. the Petitioner's Company without following due process of law as illegal, unwarranted, unsustainable, arbitrary, unconstitutional, against Law as well as principles of natural justice and consequently set aside the impugned notices dated.12.02.2022 of 4th and 5th Respondents herein and direct the Respondents not to interference with the business activities of the Petitioner Company without following due process of law and pass…” 2. Heard Sri K.B.Ramana Dora, 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 relief has become infructuous in this matter. 4. Learned Assistant Government Pleader is in attendance. 5. Recording the same, the Writ Petition is dismissed since the relief has become infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Dated 17.11.2025 KKV 83 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4547 OF 2022 Dated 17.11.2025 KKV