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2025 DAILYLAW 55441 (AP)

Polavarapu Ramesh Babu v. The State of Andhra Pradesh

WP/7372/2020 · 2025-11-23

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010121912020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7372/2020 Between: POLAVARAPU RAMESH BABU, S/O. P. VENKATESWARA RAO, AGED ABOUT 34 YEARS, OCC- BUSINESS, R/O. H.NO- 1-33/1, NOWLURU VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH AT MANGALAGIRI. 3. THE CORNMSSIONER OF POLICE, VIJAYAWADA COMMISSIONERATE, VIJAYAWADA. 4. THE INSPECTOR OF POLICE, PENAMALURU POLICE STATION, VIJAYAWADA, KRISHNA DISTRICT. 5. UMAMAHESHWARA RAO, TERRITORIAL COLLECTION MANAGER, TATA MOTORS FINANCE LIMITED, 1ST FLOOR, GAYATHRI COMPLEX, NEAR BENZ CIRCLE, VIJAWADA. 6. VENKATESWARA RAO, COLLECTION MANAGER, TATA MOTORS FINANCE LIMITED, 1ST FLOOR, GAYATHRI COMPLEX, NEAR BENZ CIRCLE, VIJAWADA. 7. SANTOSH KUMAR, COLLECTION AGENT, TATA MOTORS FINANCE LIMITED, 1ST FLOOR, GAYATHRI COMPLEX, NEAR BENZ CIRCLE, VIJAWADA. ...RESPONDENT(S): Counsel for the Petitioner: 1. BVSS BALAKRISHNA RANJIT Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... writ of Mandamus declaring the action of 4th respondent police in not registering the complaint made against the respondents 5 to 7 and others who illegally taken away petitioner vehicle bearing No. AP 07 CG 0333 TATA Safari Storm 4X2EX as being illegal, arbitrary and violative of article 14, 21 of constitution of India and consequently direct the respondent police to forthwith to register the complaint of petitioner dt. 04.03.2020 by restraining the respondents 5 to 7 and others from taking the Vehicle bearing No. AP 07 CG 0333 TATA Safari Storm 4X2EX.” 2. Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that the Petitioner has purchased the vehicle by availing finance and committed default in payment of the EMIs. As such, the Company had taken away the vehicle of the Petitioner. Since the matter is of civil nature, Police have not registered any case based on the complaint of the Petitioner. 3. None represented for the Petitioner. 4. Considering the submissions made, the Writ Petition is disposed of. However, the Petitioner is at liberty to work out his remedies before the appropriate forum in accordance with law. 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:24.11.2025 Dinesh 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.7372 of 2020 Dt.24.11.2025 Dinesh