1 APHC010629802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 32567/2025 Between: 1. BADIGINENI KARTHIK, S/O. GOPI, HINDU, AGED ABOUT 35 YEARS, R/O. DOOR NO.24-11-106, ISUKAVAGU STREET, R. AGRAHARAM, GUNTUR, GUNTUR DISTRICT - 522003, ANDHRA PRADESH ...PETITIONER AND 1. UNION OF INDIA, REP BY ITS SECRETARY, THE MINISTRY OF FINANCE AND DEPARTMENT OF REVENUE NORTH BLOCK. NEW DELHI -110001 2. THE ADDITIONAL COMMISSIONER OF CUSTOMS, O/O. THE COMMISSIONER OF CUSTOMS,CUSTOMS COMMISSIONERATE (PREVENTIVE),DOOR NO.55-17-3, C-14, 2ND FLOOR, ROAD NO-2 INDUSTRIAL ESTATE, AUTO NAGAR, VIJAYAWADA - 520 007 3. THE JOINT COMMISSIONER OF CUSTOMS, CUSTOMS PREVENTIVE COMMISSIONERATE,D.NO.55-17-3, ROAD NO-2, INDUSTRIAL ESTATE, AUTO NAGAR, VIJAYAWADA - 520 007 4. THE COMMISSIONER OF CUSTOMS, CUSTOMS PREVENTIVE COMMISSIONERATE,D.NO.55-17-3, ROAD NO-2, INDUSTRIAL ESTATE, AUTO NAGAR, VIJAYAWADA - 520 007. ...RESPONDENT(S): 2 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 topleased to pass an order or orders, direction or a Writ or more particularly one in the nature of Writ of MANDAMUS declaring the inaction of the Respondents in not considering my representation dated 30.10.2025 and 04-10-2025 to return of petitioner Gold Seized by Respondent no.2 and 4 and consequently directing the respondents referred above by way of delivering the said gold to us, seized by them, by way of provisional release instead of selling the same, as in the recent time in the cases they are selling away the gold and keeping the amount with the Respondents years together till the disposal of the above said case of illegal seizer of gold, as there is heavy fluctuation in the gold market in its prices, to avoid the sale, till the disposal of the said case, we are ready to submit security by way of submitting solvencies to take possession of the said gold by us under the head of provisional release instead of the selling the said gold and pass IA NO: 1 OF 2025 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 pleased direct the respondents No.2 to 4 to consider the represenations of the Petiitoner dated. 30.10.2025 and 04-10- 2025 to return of petitioner Gold Seized by Respondent no.2 and 4 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. KANADHI BHATLA SRINIVASA MURTHY Counsel for the Respondent(S): 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.32567 of 2025 ORDER:(Per Hon’ble Sri Justice Battu Devanand) Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents and perused the material available on record. 2. The petitioner is engaged in Jewellery and Bullion trading in the name and style of M/s. Lakshmi Siddi Jewellery and Bullion, Guntur by obtaining necessary registrations from the concerned department. On 09.01.2025, 8 gold bars weighing 1398.100 grams were seized from the possession of Sri S.Praveen Kumar and Sri Ch.V.Veeranjaneyulu. As per their statements recorded at the time of seizure, they are submitting retraction letters immediately after release on bail. As a partner and authorized signatory of M/s. Lakshmi Siddi Jewellery and Bullion, Guntur, petitioner submitted a letter dated 22.01.2025, claiming that the seized gold belonged to their shop and the same was duly accounted in their books and requested retesting the purity of the gold. The petitioner produced evidence regarding licit possession of gold and deposed a statement to that effect. 3. Nearly after 6 months of the seizure, without having any further evidence and ignoring the evidence produced by the petitioner and the retraction letters given by Sri S.Praveen Kumar and Sri Ch.V.Veeranjaneyulu, 4 a show cause notice was issued on 04.07.2025, for proposing confiscation of the entire seized gold under the customs laws. In the said show cause notice, the respondent No.2 requested to furnish the explanation. The petitioner submitted his explanation. Thereafter, the personal hearing intimation letter was issued to the petitioner on 14.08.2025. On that date, the petitioner submitted a letter requesting for personal hearing on 01.10.2025. But without considering the same, the department proceeded for hearing. There is no indication whether his request accepted or rejected. 5. The contention of the learned counsel for the petitioner is that, the department is proceeding with predetermined mindset and thereby he submitted a letter dated 09.09.2025 in detail. In the affidavit filed along with this writ petition, the petitioner made several contentions against the arbitrary action of the respondents. But after perusing the main relief sought in this writ petition, it is clear that the petitioner has filed the present writ petition alleging inaction on the part of the respondents in not considering his representations dated 30.10.2025 and 04.10.2025, wherein he requested to return the seized gold in favour of the petitioner. 6. In the interlocutory application also, he sought the same relief. As the main relief sought in the writ petition and the interim relief sought are one and the same, we intend to dispose of this writ petition at the stage of admission, with the consent of both sides counsels to meet the interest of justice. 5 7. Accordingly, this Writ Petition is disposed of, with a direction to the respondent No.2 to consider the representations dated 30.10.2025 and 04.10.2025 submitted by the petitioner, in accordance with law, within a period of two (02) weeks and communicate the order to the petitioner. 8. It is made it clear that till then, the respondents are directed to maintain status quo with regard to the auction or sale of the seized goods. 9. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A.HARI HARANADHA SARMA Dated: 24.11.2025 SCS 6 164 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION No.32567 of 2025 Dt.24.11.2025 SCS