APHC010596752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30808/2025 Between: 1. S RAJIA, W/O LATE S. AJUMUDDIN, AGED ABOUT 60 YEARS, R/O D.NO. 13-7-932, KORLAKUNTA, TIRUPATI, TIRUPATHI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, HOME DEPARTMENT, SECRATERIAT, VELAGAPUDI,AMARAVATHI, GUNTUR DISTRICT. 2. THE DEPUTY SUPERINTENDENT OF POLICE, INVESTIGATION OFFICER CRIME INVESTIGATION DEPARTMENT, REGIONAL OFFICE, NELLORE. ...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 to issue a Writ , Order or a direction, more particularly one in the nature of Writ of Mandamus, to issue a Writ, Order direction, more particularly one in the nature of Writ of Mandamus, to set aside or a the impugned G.O.Ms.NO.58, Dt.20.05.2016 issued by Government of Andhra Pradesh under Home (General-A2) Department, consequentially to Suspend the impugned Order passed by the Ld. Principal Sessions Judge, Nellore in Crl.M.P.NO.473/2017 Order Dt.l7.04.2025, thereby raising the interim attachment passed relating to items 4, 5 and 6 viz. the said Item No.4 is covered under Regd. Document,.NO. 1291/2010 Dt.20.03.2010 house site an extent of 825 Sq. Feet in Sy.NO.121/5 of Akkaramapalli Village Tirupati Rural, Item No.5 is covered under Regd. Documenf.No. 1797/2013 Dtl8.03.2013 house site an extent of 1085 Sq feet (Plot No.2) in S.No. 120/2 Mangalam village, Tirupati Rural and Item No.6 is covered under Regd. Document,.N.3944/2011 Dt.18.08.2011 house site an extent of 1462 Sq feet (Plot No.10) in S.No.55/2 Gollavanigunta, Tirupati Rural and to pass such Counsel for the Petitioner: 1. JITENDRA KANYALUR Counsel for the Respondent(S): 1. SPL.PUBLIC PROSECUTOR FOR CID 2 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief: “ ... to issue a Writ , Order or a direction, more particularly one in the nature of Writ of Mandamus, to issue a Writ, Order direction, more particularly one in the nature of Writ of Mandamus, to set aside or a the impugned G.O.Ms.No.58, Dt.20.05.2016 issued by Government of Andhra Pradesh under Home (General-A2) Department, consequentially to Suspend the impugned Order passed by the Ld. Principal Sessions Judge, Nellore in Crl.M.P.No.473/2017 Order Dt.l7.04.2025, thereby raising the interim attachment passed relating to items 4, 5 and 6 viz. the said Item No.4 is covered under Regd. Document No.1291/2010 Dt.20.03.2010 house site an extent of 825 Sq. Feet in Sy.No.121/5 of Akkaramapalli Village Tirupati Rural, Item No.5 is covered under Regd. Document No.1797/2013 Dt.8.03.2013 house site an extent of 1085 Sq feet (Plot No.2) in S.No.120/2 Mangalam village, Tirupati Rural and Item No.6 is covered under Regd. Document,.N.3944/2011 Dt.18.08.2011 house site an extent of 1462 Sq feet (Plot No.10) in S.No.55/2 Gollavanigunta, Tirupati Rural and to pass such ...” Heard learned counsel for the Petitioner and Learned Special Public Prosecutor for CID appearing for respondent State. Perused the material on record. Learned Special Public Prosecutor for CID, on instructions would submit that petitioner has a statutory remedy of appeal to recourse the remedy. Further the Government have followed the procedure for attachment of the subject property and requested to dispose of the Writ Petition by passing appropriate orders. Learned counsel for the Petitioner would submit that recording the said submission, this Writ Petition may be disposed of. 3 Considering the submissions, since there is a statutory remedy available to the Petitioner under BNSS, 2023, Petitioner is at liberty to work out the remedy before appropriate forum according to law. Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 30808 of 2025 28.11.2025 Mjl /* Dinesh