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2025 DAILYLAW 58366 (AP)

GALI NAGARAJU RAO v. The State of Andhra Pradesh,

WP/28662/2025 · 2025-10-26

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010554902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28662 OF 2025 Between: 1. Gall Nagaraju Rao, S/o. Gall Narasimha Rao, aged about 27 years, R/o 1-108, Pathasingarayakonda, Singarayakonda, S.Konda, Prakasam, Andhra Pradesh. 2. Boddu Anand Babu, S/o Boddu Veera Raghavulu, aged about 26 years R/o.SC Colony, Pathasingarayakonda Prakasam, Andhra Pradesh. 3. Gali Singarayakonda, S.Konda, Narasimha Rao, S/o.Gali Kotaiah, R/o 1-108, Pathasingarayakonda, Singarayakonda, S.Konda, Prakasam, Andhra Pradesh. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, AP Secretariat, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, Ongole, Prakasam District. 3. The Station House Officer, Singarayakonda Police Station, Prakasam District. 4. The Mandal Revenue Officer, Singarayakonda, Singarayakonda Mandal, Prakasam District. I , ...Respondents 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 or order or direction more particularly a writ in the nature of a writ of Mandamus to declare the action of the respondents in seizing the vehicles of the petitioners pursuant to registration of Crime in FIR No.186/2025 dated 28.09.2025 as per se illegal, manifestly arbitrary, irrational, unreasonable, whimsical, vindictive, in violation of Principles of Natural Justice and contrary to the very spirit and nature of Fundamental Rights guaranteed under Constitution of India under Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondents to release the petitioners vehicles VIZ. 3 tractors bearing NO.AP39UT8627, AP39WD1828 (Owned by petitioner No.1), AP39JM4442 (owned by petitioner No.2) and one JCB bearing No.AP40FIA2012 (chasis No. RAJ3DXE5C03500917) (owned by petitioner) r . lA NO: 1 OF 2025 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 to forthwith the release Petitioner’s Vehicle viz., 3 tractors bearing NO.AP39UT8627, AP39WD1828 (owned by petitioner No.1), AP39JM4442 (owned by petitioner No.2) and one JCB bearing No. AP40HA2012 (chasis No. RAJ3DXE5C03500917) (owned by petitioner). Counsel for the Petitioners: SRI AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondents No.1, 3: GP FOR HOME Counsel for the Respondents No.2, 4: GP FOR REVENUE The Court made the following order: APHC010554902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) li MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28662 OF 202fi Between: 1. GALI NAGARAJU RAO, S/o Gall Narasimha Rao, R/o 1-108, Andhra Pradesh. aged about 27 years, S.Konda, Prakasam, Pathasingarayakonda,Singarayakonda, 2. Boddu Anand Babu,, S/o Boddu Veera Raghavulu, aged about 26 R/o SC Colony,Pathasingarayakonda Singarayakonda, S.Konda, Prakasam Andhra Pradesh. years. 3. Gali Narasimha Rao,, S/o Gali Kotaiah, R/o 1- Singarayakonda, S.Konda, Prakasam, Andhra Pradesh. 108, Pathasingarayakonda, ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, AP Secretariat, Amaravathi, Guntur District, Pradesh. Andhra 2. The District Collector, Ongole, Prakasam District. 3. The Station Housq Officer, Singarayakonda District. Police Station, Prakasam ■ ,-0^ 4. The Mandat Revenue Offier, Singarayakonda, Singarayakonda Mandal, Prakasam District. ...Respondents 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 to issue an appropriate writ or order or direction more particularly a writ in the nature of a writ of Mandamus to declare the action of the respondents in seizing the vehicles of the petitioners pursuant to registration of Crime in FIR No.186/2025 dated 28.09.2025 as per se illegal, manifestly arbitrary, irrational, unreasonable, whimsical. vindictive, in violation of Principles of Natural Justice and contrary to the very spirit and nature of Fundamental Rights guaranteed under Constitution of India under Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondents to release the petitioners vehicles VIZ. 3 tractors bearing NO.AP39UT8627, AP39WD1828 (owned by petitioner No.1), AP39JM4442 (owned by petitioner No.2) and one JCB bearing No. AP40FIA2012 (chasis No. RAJ3DXE5C03500917) (owned by petitioner 3) and/or pass lA NO: 1 OF 2025 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 to forthwith the release Petitioner’s Vehicle viz., 3 tractors bearing NO.AP39UT8627, AP39WD1828 (owned by petitioner No.1), AP39JM4442 (owned by petitioner No.2) and one JCB bearing No. AP40HA2012 (chasis No. RAJ3DXE5C03500917) (owned by petitioner 3) and pass Counsel for the Petitioners: AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28662 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; “...to issue an appropriate writ or order or direction more particularly a writ in the nature of a writ of Mandamus to declare the action of the respondents in seizing the vehicles of the petitioners pursuant to 28.09.2025 as per se unreasonable, whimsical. Natural Justice and contrary to the very spirit and nature of Fundamental Rights guaranteed under Constitution of India under Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondents to release the petitioners vehicles VIZ. 3 tractors bearing No.AP39UT8627, petitioner No.1), AP39JM4442 (owned by petitioner No.2) and one JCB bearing No. AP40FIA2012 (chasis No. RAJ3DXE5C03500917) (owned by petitioner 3) and/or pass....” Heard Sri A.S.K.S Bhargav, learned counsel for the petitioners and registration of Crime in FIR No.186/2025 dated illegal, manifestly arbitrary, irrational, vindictive, in violation of Principles of AP39WD1828 (owned by 2. Sri V.Farooq, learned Assistant Government Pleader for Home. Learned Assistant Government Pleader for Home, on instructions 3. would submit that the subject property was seized and produced before the concerned Court, and the matter is pending before the said Court. He would further submit that the petitioner may file an appropriate petition before the concerned Court seeking interim custody of the property. Considering the submissions, the writ petition is disposed of. However 4. the petitioners are at liberty to file an appropriate petition before the concerned Magistrate Court, where the seized property was produced, seeking interim «!r> custody. On filing such petition the learned Magistrate is directed to disposed of the said petition as expeditiously as possible preferably within a period one week from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// <3^ SECTION OFFICER To, 1. The Principal Secretary, Home Department, AP Secretariat, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, Ongole, Prakasam District. 3. The Station House Officer, Singarayakonda Police Station, Prakasam District. 4. The Mandal Revenue Officer, Singarayakonda, Singarayakonda Mandat, Prakasam District. 5. One CC to SRI AKUI_A SRI KRISHNA SAI BHARGAV Advocate [OPUC] 6. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] 7. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 8. Two CD Copies GSG HIGH COURT DATED:27/10/2025 ORDER WP NO. 28662 OF 2025 - M( O'* NOV 2025 V -^XsCufreni ieciion/^ > DISPOSING THE WP WITHOUT COSTS