APHC010709432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 36355/2025 Between: 1. SENGOTTUVELU VELAYUTHAM, S/O VELAYUTHAM, AGED 47 YEARS, RESIDING AT D.NO.4/135B, PULAVANKADU, MAMPALAYAM, DEVANANKURICHI POST, TIRUCHENGODE, DEVANANKURICHI, NAMAKKAL, - 637209, TAMIL NADU STATE. 2. K.S SATIYAMOORTI,, S/O SUNDARAM, AGED 47 YEARS. RESIDING AT H. NO. 1/105C1, MOORTHY KADU, MAVELIPALAYAM POST, SANKARI, ANNATHANAPATTI, SALEM DISTRICT - 637301, TAMIL NADU STATE. ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, PIN CODE NO. 522238. 2. THE SUPERINTENDENT OF POLICE, VIZIANAGARAM, VIZIANAGARAM DISTRICT, PIN CODE NO. 535003. 3. THE STATION HOUSE OFFICER, PUSAPATIREGA POLICE STATION, VIZIANAGARAM DISTRICT, PIN CODE NO. 535557. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. V SAI KUMAR 2 Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 36355/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent/SHO holding the petitioners’ vehicles bearing Registration Nos. TN-34-AF-3225 and TN-52-Q-8525 in Crime No.271/2025, dated 23-12-2025, under Sections 316(2), 318(4) BNSof Pusapatirega Police Station, Vizianagaram District as illegal, arbitrary and unconstitutional and consequently direct the 3rd Respondent/Station House Officer, Pusapatirega to release the said vehicles forthwith.…” 2. Heard Sri V.Sai Kumar, learned counsel for the petitioners and Sri.P.Ajay Babu, learned Assistant Government Pleader for Home for the official respondents. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that the subject vehicles of the petitioners were seized in connection with the case in Cr.No.271 of 2025 which is registered for the offences punishable under Sections 316(2), 318(4) of BNS of Pusapatirega Police Station on 23.12.2025. 4. Learned counsel for the petitioners would submit that let there be direction to the police to submit that property to the Court to enable the petitioners to file an appropriate application before the concerned Magistrate Court, since, the vehicles are transport vehicles. The petitioners may suffer huge loss, if they are kept idle. 4 5. Considering the submissions, this Writ Petition is disposed of. However, the police are directed to submit the property before the concerned Court forthwith, so as to enable the petitioners to workout their remedies before the concerned Magistrate Court. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 29.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 36355/2025 Dated.29.12.2025 UPS 37