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2025 DAILYLAW 5097 (AP)

The Muthoot Finance Ltd., v. Prl.Secy., Home dept.,

WP/1775/2018 · 2025-06-25

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010041262018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0 THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1775 OF 2018 Between: The Muthoot Finance Ltd.,, Alcot Gardens Branch, Rajahmundry, East Godavari District Rep. by its Branch Manager Sri S. Rama Murthy, S/o S. Sivaiah. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat, Velagapudi. The Director General of Police, State of Andhra Pradesh, Vijayawada. The Superintendent of Police, East Godavari District, Kakinada, A.P. The Station House Officer, Jaddangi Police Station, East Godavari District, A.P. 2. 3. 4. ...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 issue a Writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in issuing the letter dated 21.11.2017 and his personal visit on 20.01.2018 with two Constables threatening the Petitioner to hand over the auction amount of mortgaged gold ornaments in respect of loan A/c of MGL 244 and MGL 287 and interference with the day-to-day business activities of the Petitioner's Company without following due process of law as illegal, unwarranted, unsustainable, arbitrary against Law as well as principles of natural justice and consequently set aside the letter dated 21.11.2017 of 4th Respondent and direct the Respondents to not to interference with the business activities of the Petitioner without following due process of law. lA NO: 2 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 to direct the Respondents not to interfere with the business activities of the Petitioner Company under the guise of Crime against the mortgagor without following due process of law. Counselfor the Petitioner:SRI K B RAMANNADORA Counsel for the Respondents: GP FOR HOME The Court made the following order: V APHC010041262018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1775/2018 Between: ALCOT GARDENS BRANCH, RAJAHMUNDRY, EAST GODAVARI DISTRICT REP. BY ITS BRANCH MANAGER SRI S. RAMA MURTHY, S/0 S. SIVAIAH. 1.THE MUTHOOT FINANCE LTD. j 1 ...PETITIONER AND 1.PRL SECY HOME DEPT, THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI. 2.THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, VIJAYAWADA. 3.THE SUPERINTENDENT OF POLICE. BY ITS BRANCH MANAGER SRI S. RAMA MURTHY, S/0 S. SIVAIAH. 1.THE MUTHOOT FINANCE LTD. j 1 ...PETITIONER AND 1.PRL SECY HOME DEPT, THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI. 2.THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, VIJAYAWADA. 3.THE SUPERINTENDENT OF POLICE. EAST GODAVARI DISTRICT, KAKINADA, A.P. 4.THE STATION HOUSE OFFICER, JADDANGI POLICE STATION EAST GODAVARI DISTRICT, A.P. ...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 a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in issuing the letter dated 21.11.2017 and his personal visit on 20.01.2018 with two Constables threatening the Petitioner to hand over the auction amount of mortgaged gold ornaments in respect of loan A/c of MGL 244 and MGL 287 / 2 W.P.NO.1775OF20ir and interference with the day-to-day business activities of the Petitioner's Company without following due process of law as illegal, unwarranted, unsustainable, arbitrary against Law as well as principles of natural justice and consequently set aside the letter dated 21.11.2017 of 4th Respondent and direct the Respondents to not to interference with the business activities of the Petitioner without following due process of law and pass lA 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 lANO: 2 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 to direct the Respondents not to interfere with the business activities of the Petitioner Company under the guise of Crime against the mortgagor without following due process of law and pass Counsel for the Petitioner: 1.K B RAMANNA DORA Counsel for the Respondent(S): 1.GP FOR HOME (AP) The Court made the following: N 3 HN,J W.P.NO.1775OF2018 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1775/2018 Order:- Learned counsel for the petitioner would submit that the cause in the Writ Petition does not survive any further. Hence, the matter has become infructuous. Accordingly, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. DU Sd/- G. HB assistant Ri USTRAR //TRUE COPY// i' SECTION OFFICER To, 1. One CC to" Sri. K B Ramanna Dora Advocate [GPUC] 2. Two QCs to GP for Home, High Court of Andhra Pradesh [OUT] 3. Two CD Copifs gsc *» HIGH COURT DATED:26/06/2025 ORDER WP NO. 1775 OF 2018 ^ 0 2SEP 2025 . /to DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS