Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 57884 (AP)

BABA DEVELOPERS PVT LTD v. The State of Andhra Pradesh

WP/26605/2021 · 2025-10-22

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010440482021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26605 OF 2021 Between: 1. BABA DEVELOPERS PVT LTD, REPRESENTED BY ITS AUTHORIZED PERSONS PARVATHANENI VAMSI KARTHIK, S/O. P SASIBHUSHAN, AGED 40 YEARS, R/O. P.NO.12A, HEGGANAHALLI, BANGALORE RURAL, HEGGANAHALLI, KARNATAKA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, , ANANTHAPURAMU DISTRICT AT ANANTHAPURAMU, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. 3. THE INSPECTOR OF POLICE, , I TOWN POLICE STATION, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. 4. THE HDFC BANK, REPRESENTED BY ITS MANAGER, ANANTHAPURAMU BRANCH, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. M P KASHYAP The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26605 OF 2021 ORDER:- The present Writ Petition is filed questioning the highhanded action of the Respondents in freezing the bank account of the Petitioner/ Company bearing A/c No. 10782000000267, HDFC Bank, Sadahalli Branch, Bangalore Rural as illegal and arbitrary. 2. Heard Mr. V. Sai Kumar, learned counsel for the Petitioner and Mr. V. Farooq, learned Assistant Government Pleader, Home for the Respondents. 3. Learned Assistant Government Pleader would submit that investigation is completed in the matter and Charge Sheet also filed on 30.12.2024 and PRC is yet to be numbered by the learned Magistrate concerned. 4. This Court granted interim order dated 16.11.2021 in I.A.No.1 of 2021, which reproduced hereunder: “This application is filed to unfreeze the bank account of the petitioner company bearing Ac.No.10782000000267, HDFC Bank, Sadahalli Branch, Bangalore Rural. The main contention of the petitioner is that the petitioner company is running as a resort and is providing hospitality services to its customers. Some of the persons were stayed in the said resort. On 25.09.2021, one Mr.Ch.Gajendra Varma had transferred an amount of Rs. 90,000/-(Rupees Ninety Thousand Only) to the account of the petitioner company via Phone Pe. Though the petitioner company is not involved in any of the illegal activities, the investigating authorities have freezed the account of the petitioner company along with others and no opportunity was given to the petitioner. The learned Government Pleader appearing on behalf of the respondents on instructions submits that they have freezed the laptops and other materials in connection with the involvement of the offence and after verification, almost 40 accounts were freezed. He further submits that investigation is pending and requested further time to file counter affidavit. Considering the submissions of both the counsels, it is an admitted fact that the petitioner company is running as a resort and is providing hospitality services to its customers. The petitioner company is having only one account in view of the guidelines issued by the Reserve Bank of India and the said account was seized by the investigating officers without notice. In view of the said reason, the petitioner company is unable to run the business. In view of the same, the respondents are directed to unfreeze the account of the petitioner company and the petitioner company is directed to kept aside Rs.90,000/-(Rupees Ninety Thousand Only) in their bank account.” 5. In the light of the interim order dated 16.11.2021 supra, the Writ Petition is disposed of by making the interim order as absolute. The disputed amount of Rs. 90,000/- continue to be kept in the Bank Account and it is subject to result of the Crime No.561 of 2021. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.10.2025 KK