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2025 DAILYLAW 49688 (AP)

KATURI VENKATESWARLU v. THE STATE OF ANDHRA PRADESH

WP/11013/2025 · 2025-05-04

Sumathi Jagadam

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 11013 OF 2n9fi AMARAVATI Between: Katuri Venkateswarlu, S/o. Krishna Rao 3-114, Garuvupalem Panchayat, Kuchinapudi post, Nizampatnam Bapatia District, Andhra Pradesh - 522262. Aged about 40 years, R/o D.No. Mandal, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Supplies & Consumer Affairs Dept, Secretariat, Amaravathi. 2. The Joint Collector and Addl. Dist Magistrate, Bapatia 3. The Deputy Tahsildar (CS), Bapatia, Bapatia District. 4. The Station House Officer, Bapatia Rural PS Food, Civil Velagapudi District. Bapatia District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit fiied therewith, the High Court be pleased to issue a Writ, order or direction may more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent No. 2 in issuing the impugned memo dated 06/03/2025 bearing EC Act Case the Bank Guarantee for Rs. property security for release of the seized as illegal, arbitrary violation of - 14, 19(1) (g) of Constitution consequently direct the Respondent no. 2 to release my vehicle No. AP-39-UK-6610 which is seized by the Respondent No. 4 no. 15/2025 directing the petitioner to furnish 5,00,000/-instead of immovable vehicle bearing no. AP 39 UK 6610 principles of natural justice, violation of Article of India and pursuant to the Mediators or Reliefs as this Hon'ble of the case. Report Dt. 9-2-2025 Court deems fit and grant such other and proper in the ci Relief circumstances jA NO: 1 OF 90?!^ Petition under Section stated in the affidavit filed i pleased to direct the vehicle bearing Reg, 151 CPC praying that in the 'n support of the petition. Respondent No. circumstances the High Court may be 2 herein to release the petitioner’s ounselforiheRe5pon.^.„,.. 'mmovable KUMAR CIVIL SUPPLIES COURT OF ANDHRA PRADESH at AMARAVATl (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY THOUSAND AND TWENTY FIVE PRESENT SMT JUSTICE SUMATHI JAGADAM pftitiON NO: 11013/2025 APHC010215262025 IN THE HIGH [3459] TWO THE HONOURABLE Between: Katuri Venkateswarlu ...PETITIONER AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.KOTTURI NIKHIL KUMAR Counsel for the Respondent(S); 1.GP FOR HOME 2.GP FOR CIVIL SUPPLIES made the following ORDER: The present writ petition is filed under seeking the following relief: The The Court Article 226 of Constitution of India , ,0 issue a Wrii. order or".J- Writof Mandamus, declaring the^ tear/ng^EC Act Case no.15/2025 impugned memo dated Guarantee for Rs. 5,00,000/- directing the re/ease of the seized vehicle instead of 'mmovfie property secuy principles of bearing no. AP 39 UK 1/19(1) (g) of Constitution of India and natural justice, violation f Article 14,19(V W^^^^ ^p.39. consequently direct "300^^ UK-6610 which is seized by the Responaem No. 4 pursuant to the Mediators Report Dt. 9-2-2025 and grant.. i During the course of hearing, the learned counsel for the petitioner as well as the learned Assistant Government Pleader, have consented for 2. disposal of the writ petition. In view of the same, the Writ Petition is disposed of by directing the petitioner to pay 50% of the amount before the 2"'^ respondent and for the remaining 50%, the petitioner shall furnish immovable third party security within a period of two weeks. On such payment of 50% of the amount and on furnishing immovable third party security by the petitioner, the 2"*^ respondent shall release the vehicle within a period of one week thereafter. There shall be 3. no order as to costs. As a sequel miscellaneous petitions, if any, shall stand closed. Sd/-M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Food, Civil Supplies and Consumer affairs Dept., State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. 2. The Joint Collector and Addl. Dist Magistrate, Bapatia District. 3. The Deputy Tahsildar (CS), Bapatia, Bapatia District. 4. The Station House Officer, Bapatia Rural P.S, Bapatia District. 5. One CC to Sri Kotturi Nikhil Kumar, Advocate [OPUC] 6. Two CCs to GP for Civil Supplies, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb HIGH COURT DATED:05/05/2025 ORDER WP.No.11013 of 2025 ■V,, Hi 3 0 MAY 2025 Its lk_ disposing of the w.p. WITHOUT COSTS