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2025 DAILYLAW 57518 (AP)

SUBBA REDDY BAKTHAVATCHALAM HARINATHAN v. THE STATE OF OF AP

WP/19803/2024 · 2025-10-08

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010389932024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19803/2024 Between: 1. SUBBA REDDY BAKTHAVATCHALAM HARINATHAN, S/O.LATE BAKTHAVATCHALAM, F.3 AMBAL FOUNDATIONS, IB, EAST MADA STREET, VILLIVAKAM, CHANNAI-600049. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, MARAVATHI, A.P. 2. THE STATION HOUSE OFFICER, M.R.PALLEE POLICE STATION, M.R.PALLEE, CHITTOOR DISTRICT, A.P. 3. THE TAHSILDAR, AYANAVARAM, KONNUR HIGH ROAD TALUK OFFICE, AYANAVARAM, CHENNAI-600 023. 4. THE REVENUE INSPECTOR, KONNUR HIGH ROAD, AYANAVARAM, CHARMAI-600023. ...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 appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 to 4 Seized the Licensed Godown premises at D.No.12-132, 9th Street, G.K.M. Colony, Chennai-82 in pursuance of the Crime No.28 of 2017 on the file of M.R.Palli P.S, Thirupathi Rural, Chittoor District, A.P. as being illegal, arbitrary, discriminatory and unconstitutional and consequently direct the respondents to remove the seal Lock of the Godown situated D.No.12-132, 9th Street, G.K.M. Colony, Chennai-82 to enable the petitioner doing business and pass IA NO: 1 OF 2024 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 direct the respondents pending the Crime No.28/2017 on the file of the M.R.Palle P.S., Thirupathi Rural, Chittoor District, A.P., to remove the seal Lock of the Godown situated D.No. 12- 132, 9th Street, G.K.M. Colony, Chennai-82 to enable the petitioner doing business pending disposal of the writ petition and pass Counsel for the Petitioner: 1. Y ANUPAMA DEVI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 2 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner seeking the following relief: “....to issue appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 to 4 Seized the Licensed Godown premises at D.No.12-132, 9th Street, G.K.M. Colony, Chennai-82 in pursuance of the Crime No.28 of 2017 on the file of M.R.Palli P.S, Thirupathi Rural, Chittoor District, A.P. as being illegal, arbitrary, discriminatory and unconstitutional and consequently direct the respondents to remove the seal Lock of the Godown situated D.No.12-132, 9th Street, G.K.M. Colony, Chennai-82 to enable the petitioner doing business and pass ....” Learned counsel for the petitioner would submit that the Petitioner has filed a Petition under Section 93(1)(c)(2) of Cr.P.C.vide Crl.M.P.No.2286 of 2018 (in Crime No.28 of 2017 on the file of respondent No.2 herein) before the Learned III Additional Judicial Magistrate of I Class, Tirupati, seeking to issue warrant to respondent No.2 to remove the seal and hand over the keys of the main gate and the godown situated in D.No.12-132, 9th Street, Jawahar Nagar, G.K.M. Colony, Karunanidhi Street, Chennai.Learned counsel would submit that the said petition was dismissed vide order dated 05.12.2018 by the Learned Magistrate on the ground that investigation is not completed. Learned Assistant Government Pleader for Home on written instructions would submit that investigation is completed, charge sheet is filed and taken cognizance of the offence against the Petitioner/accused. 3 Considering the submissions and in the light of the changed circumstances, it is apposite to direct Petitioner to file a fresh Petition before the Trial Court if so advised, and on filing such petition, Learned Trial Judge shall take appropriate decision over the matter 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/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 19803 of 2024 09.10.2025 Mjl /*