APHC010448152021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26968/2021 Between: 1. MR. KANCHARLA SATYANARAYANA,, S/O. KAMESWARA RAO, AGED- 50 YEARS, OCC- COOLIE, R/O. KADIYAPULANKA VILLAGE, KADIYAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE DISTRICT COLLECTOR, AT KAKINADA, EAST GODAVARI DIST. 3. THE SUPERINTENDENT OF POLICE, AT RAJAMAHENDRAVARAM, EAST GODAVARI DIST. 4. THE TAHSILDAR AND MANDAL EXECUTIVE MAGISTRATE, KADIYAM MANDAL, EAST GODAVARI DISTRICT. 5. THE STATION HOUSE OFFICER, SPECIAL ENFORCEMENT BUREAU STATION, RAJAMAHENDRAVARAM-SOUTH, EAST GODAVARI DISTRICT. ...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 an appropriate Writ Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4111 Respondent in issued the Impugned Notice, dated 08-11-2021 directing the petitioner to pay a penalty of Rs. 5,00,000/- in default of paying the said amount sending the petitioner to prison until such bond period expires for a period of one year as being highly arbitrary, illegal, bad in law and violate the Principles of natural Justice and violate the Articles 14 and 21 of the Constitution of India and consequently set aside the same and to grant such IA NO: 1 OF 2021 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 grant stay of all further proceedings Notice Dated 08-11-2021 issued by the 4th Respondent, including the Arrest of the Petitioner, pending disposal of the main Writ Petition and to pass IA NO: 1 OF 2022 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 to extend the interim order passed by this Hon’ble court dt 17-11- 2021 until further orders IA NO: 1 OF 2023 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 to grant leave for filing counter affidavit in the writ petition No.26968/2021 and pass IA NO: 2 OF 2023 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 to vacate the interim orders dt: 17-11-2021 passed in WP.No.26968/2021, and dismiss the writ petition and pass Counsel for the Petitioner: 1. BABUJI TENNETI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th Respondent in issued the Impugned Notice dated 08112021 directing the petitioner to pay a penalty of Rs 5,00,000/- in default of paying the said amount sending the petitioner to prison until such bond period expires for a period of one year as being highly arbitrary illegal bad in law and violate the Principles of natural Justice and violate the Articles 14 and 21 of the Constitution of India and consequently set aside the same and to grant such.…” 2. Heard Sri Babuji Tenneti, learned counsel for the petitioner and Sri Md.Farook, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner assisted by learned Assistant Government Pleader for Home submitted that this matter is squarely covered in the order passed in W.P.No.2248 of 2021, which is extracted hereunder: “Heard learned counsel for petitioner and learned Government Pleader for Home. 2. Petitioner claims that he is eking out his livelihood by doing coolie work. On 16.6.2020 he was made to execute a bond of good behavior for an amount of Rs.1,00,000/-, While so, on 20.01.2021 notice for forfeiture of bond of good behavior was issued by respondent No.2 alleging that the petitioner committed breach of bond by involving in an offence under Section 7-A read with Section 8 (e) of the Telangana Prohibition Act, 1995. The basis of the said notice is letter addressed by the Prohibition and Excise Inspector / Station House Officer of Mahabubabad, Mahabubabad Mandal and District informing involvement of petitioner in another crime. 3. From the reading of the impugned notice, it is seen that no prior opportunity was given to the petitioner to explain his stand before ordering forfeiture of the amount furnished by him earlier. That apart, the reason assigned for forfeiture is alleged involvement of the petitioner in a crime. Mere involvement in a crime would not by itself constitute breach of bond furnished by the petitioner, as it cannot be treated on par with conviction. Thus, on both counts i.e., on facts and in law, the impugned notice dated 20.1.2021 is unsustainable. 4. Accordingly, the impugned notice is set aside and the writ petition is allowed. No costs. However, it is made clear that this order would not preclude the authorities in proceeding in the matter in future in accordance with law, if warrants.” 4. Considering the submissions made and judgment referred supra, this Writ Petition is allowed and the impugned notice is set aside and the writ petition is allowed. However, it is made clear that this order would not preclude the authorities in proceeding in the matter in future in accordance with law, if warrants. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 13.11.2025. M K K HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No.26968 of 2021 Dated: 13.11.2025 M K K 159