APHC010691842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35553/2025 Between: 1. VINAKOTI RAJASEKHAR @ RAJESH,, S/O. CHINNA APPARAO, AGED 36 YEARS, OCC- AGRICULTURE LABOR, R/O. D.NO.1-204, G. VEMAVARAM, CHINNAKODAPA CANAL, I POLAVARAM MANDAL, DR. B.R.AMBEDKAR KONASEEMA DISTRICT.-533464 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 522237 2. THE SUPERINTENDENT OF POLICE, AMALAPURAM, DR. B.R.AMBEDKAR KONASEEMA DISTRICT-533201 3. THE SUB DIVISIONAL POLICE OFFICER, AMALAPURAM, DR. B.R.AMBEDKAR KONASEEMA DISTRICT-533201 4. THE STATION HOUSE OFFICER, I POLAVARAM POLICE STATION, I POLAVARAM MANDAL, DR. B.R.AMBEDKAR KONASEEMA DISTRICT-533201 5. GODAPARTHI VEERAVENKATA SATYANARAYANA MURTHY BUDDUDU, S/O. GODAVARTHI DORAYYA, R/O. D.NO.2-67, MAIN ROAD, VAKATIPPA, KAPILESWARAPURAM, DR. B.R.AMBEDKAR KONASEEMA DISTRICT-533305 2 ...RESPONDENT(S): Counsel for the Petitioner: 1. KONDEPUDI RAJABABU Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35553/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents, particularly respondent Nos.3 and 4 in failing to seize and recover the Mahindra Tractor bearing Registration No. AP16TS0440 from the illegal custody of the 5th respondent despite FIR No.814/2025 dated 10.12.2025 as illegal, arbitrary, violative of Section 106 of Bharatiya Nagarik Suraksha Sanhita, 2023 and offends Articles 14 and 21 of the Constitution of India, and consequently direct respondent Nos.1 to 4 to immediately seize the said tractor from the 5th respondent, produce it before the concerned Magistrate, and release the same to the petitioner on appropriate conditions.…” 2. Heard Sri Kondepudi Rajababu, learned counsel for the petitioner and Sri.P.Ajay Babu, learned Assistant Government Pleader for Home for the official respondents. 3. Learned counsel for the petitioner would submit that it is a case of theft of the Tractor. The petitioner herein is the victim. The petitioner has submitted his grievance to the Superintendent of Police under Public Grievance Redressal System on 08.12.2025. Basing on his complaint, a case has been registered against the respondent No.5 in Crime No.814 of 2025 dated 10.12.2025 for the offences of theft apart from the provisions of the SC’s & ST’s (POA) Act. Learned counsel for the petitioner would further submit that despite the vehicle is very much available with the respondent No.5, the police 4 are not taking appropriate steps in the investigation to seize the Tractor. Learned counsel for the petitioner finally submits that the petitioner’s family is totally dependent on the agriculture. As such, the Tractor is very much necessary for their daily activities. 4. Learned Assistant Government Pleader for Home, on instructions, would submit that as the case is registered under the provisions of the SC’s & ST’s (POA) Act, the Sub-Divisional Police Officer is appointed as the investigating Officer in this matter. The investigation is in progress. So far, they have examined 14 witnesses. 5. Considering the submissions made, this Writ Petition is disposed of. However, the person who is making the investigation relating to the subject crime, is directed to look into the grievance of the petitioner regarding his Tractor and take all the necessary steps according to law. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 30.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35553/2025 Dated.30.12.2025 UPS 185