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2025 DAILYLAW 52347 (AP)

MOHAMMAD SHAFIA v. The State of Andhra Pradesh

WP/8256/2022 · 2025-11-27

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010134342022 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 HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8256/2022 Between: MOHAMMAD SHAFIA, AGED ABOUT .43 YEARS, RESIDENT OF DOOR NO. 8-34/22, OPPOSITE TO SUB STATION, MALLAYYAPETA, KATHERU, RAJAHMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,SECRETARIAT BUILDING , VELAGAPUDI,AMARAVATHI. 2. ADDITIONAL DIRECTOR GENERAL OF POLICE, CRIME INVESTIGATION DEPARTMENT, MANGALAGIRI,GUNTUR DISTRICT 3. SUPERINTENDENT OF POLICE, EOW, CRIME INVESTIGATION DEPARTMENT, MANGALAGI RI,GUNTUR DISTRICT. 4. INSPECTOR OF POLICE, CRIME INVESTIGATION DEPARTMENT, REGIONAL OFFICE, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT. 5. THE SUB REGISTRAR, KOVVUR, WEST GODAVARI DISTRICT. 6. AKKABATHULA CHINNA RAO, S/O AKKABATHUALA SIMHADRI, AGED ABOUT 59 YEARS, MANAGING DIRECTOR, ACR CHITS PRIVATE LIMITED, RESIDENT OF DOOR NO. 1-2-10/2, MERAKA VEEDHI, KOVVURU, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. Y SUDHAKAR Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: 2 “.... a Writ of Mandamus declaring the action of the respondents 2 to 5 in freezing the vacant House Site of the petitioner of an extent of 300 Square yards, situated in R.S. No 612/2, 23rd ward, Kovvuru, West Godavari District ( covered under Document No. 1981/2019 of SRO, Rajahmundry) as illegal, arbitrary, and violative of Article 14 and 300 A of the Constitution of India and consequently direct the respondents 2 to 5 to defreeze the above- mentioned subject property of the petitioner to enable the petitioner to make further transactions including the sale of property.” 2. When the matter is taken up for hearing, Sri A.Sai Rohit, learned Special Public Prosecutor for CID would submit that they have filed a petition in Crl.M.P.No.28 of 2024 on the file of the Court of Principal District Judge, Eluru for making the attachment of the subject property absolute. In the said petition, Petitioner herein was shown as one of the Respondents and the Petitioner can make his contentions in the said petition. 3. Sri Y.Sudhakar, learned counsel for the Petitioner would submit that, recording the same the petition may be disposed of and an opportunity may be given to the Petitioner to raise all the contentions which are raised in the present petition, in the interim application filed by CID seeking the attachment as absolute. 4. Considering the submissions made, the Writ Petition is disposed of. Petitioner is at liberty to raise all his contentions which are raised in the present petition, in the interim application filed by CID seeking the attachment as absolute. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:28.11.2025 Dinesh 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.8256 of 2022 Dt.28.11.2025 Dinesh