APHC010708722025 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: 36326/2025 Between: 1. HINDUJA LEYLAND FINANCE LTD, COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, REP.BY ITS AUTHORIZED OFFICER, KAVADI SURESH, S/O BALARAJ, AGED ABOUT 44 YEARS. HAVING ITS CORPORATE OFFICE 27 A, DEVELOPED INDUSTRIAL ESTATE,GUINDY, CHENNAI - 600032 AND ITS BRANCH OFFICE AT VIJAYAWDA BRANCH, D.NO. 54-20-10/1 A, 0PP. TO SBI BANK, GURUNANK COLONY, MAIN ROAD, VIJAYAWADA ...PETITIONER AND 1. THE STATE OF AP, REP BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF POLICE, VIJAYAWADA COMMISSIONERATE OFFICE, SURYARAOPET, BUCKINGHAMPET, VIJAYAWADA, 4. THE STATION HOUSE OFFICER, KRISHNA LANKA POLICE STATION, NH 65, KRISHNALANKA, VIJAYAWADA 5. M/S RADHA KRISHNA AUTOMOBILES PRIVATE LIMITED, REP BY ITS DIRECTORCHANDRAMOULI MAGANTI, DOOR NO 7, PLOT 2 NO. -A 7, 2- A5, SANATHA NAGAR MAIN ROAD, INDUSTRIAL ESTATE, HYDERABAD 500018 6. MAGANTI SARADA, W/O. LATE SUBRAHMANYAM, D.NO.40-15- 8/2, NANDAMURI VARI STREET, BRINDAVAN COLONY, VENKATESWARAPURAM, LABBIPETA - VIJAYAWADA 520010 KRISHNA DISTRICT 7. M V SRINIVAS, S/O. LATE SUBRAHMANYAM, D.NO.40-15- 8/2, NANDAMURI VARI STREET, BRINDAVAN COLONY, VENKATESWARAPURAM, LABBIPETA 520010 KRISHNA DISTRICT 8. CHANDRAMOULI SUBRAHMANYAM, D.NO.40-15-8/2, NANDAMURI VARI COLONY, VIJAYAWADA MAGANTI, S/O. LATE STREET, VENKATESWARAPURAM, LABBIPETA 520010 KRISHNA DISTRICT BRINDAVAN 9. JANAKI NETI, D/O.LATE SUBRAHMANYAM, D.NO.5-110 BESIDES AP SEED CORPORATION PRASADAMPADU VIJAYAWADA- 521108. 10. MAGANTI VENU GOPAL, ,S/O. LATE SUBRAHMANYAM, D.NO.40- 15-8/2, NANDAMURIVARI STREET, BRINDAVAN COLONY, VENKATESWARAPURAM, LABBIPETA, VIJAYAWADA 520010 KRISHNA DISTRICT 11. MAGANTI MADHUSUDHANA SARMA, S/O. LATE SUBRAHMANYAM, D.NO.5-110, BESIDES AP SEED CORPORATION PRASADAMPADU, VIJAYAWADA-521108. 12. MV SRINIVAS, D.NO.40-15-8/2, NANDAMURI VARI STREET, VENKATESWARAPURAM. LABBIPETA 520010 KRISHNA DISTRICT BRINDAVAN COLONY, VIJAYAWADA 13. CHANDRAMOULI MAGANTI, D.NO.40-15-8/2, NANDAMURI VARI VENKATESWARAPURAM, LABBIPETA 520010 KRISHNA DISTRICT STREET, BRINDAVAN COLONY, VIJAYAWADA 14. M/S KRISHNAPRIYA AUTOMOBILES INDIA PRIVATE LIMITED, REP CHANDRAMOULI,D.NO.4-151, BESIDES A P SEEDS CORPORATION,PRASADAMPADU, KRISHNA, ANDHRA PRADESH - 521108 BY ITS DIRECTORM. VIJAYAWADA, 15. M/S LEELA KRISHNA AUTOMOBILES PRIVATE LIMITED, REP BY 3 ITS DIRECTOR M.V. SRINIVAS,D.NO.164, 1ST STREET, PARADESTPALEM, NH-5, MADHURAVADA, VISAKHAPATNAM 530041, ANDHRA PRADESH 16. M/S VIJAYALAKSHMI BOTTELERS PRIVATE LIMITED, REP BY ITS DIRECTORM. VENU GOAPAL, D.NO.40-15- 8/2, NANDAMURI VARI STREET, BRINDAVAN COLONY, VENKATESWARAPURAM, LABBIPETA - VIJAYAWADA 520010 KRISHNA DISTRICT. 17. M/S YASHODA KRISHNA AUTOMOBILES PRIVATE LIMITED, REP BY ITS DIRECTOR M V SRINIVAS, SURVEY NO. 102-103, DOOR NO.2-4-1, NH 202, MAIN ROAD, UPPAL - RAMANTHAPUR ROAD, HYDERABAD - 500039 TELANGANA. 18. M/S RADHA MADHAV AUTOMOBILES PRIVATE LIMITED, REP BY ITS DIRECTOR M V SRINIVAS, D.NO.4-151, BESIDE AP SEEDS CORPORATION, NH-5, PRASADAMPADU, KRISHNA, ANDHRA PRADESH - 521108. ...RESPONDENT(S): Counsel for the Petitioner: 1. VARAPRASAD NEPPALI Counsel for the Respondent(S): 1. GP FOR HOME 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 36326/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of Respondent Nos.2 to 4 in providing necessary police protection and assistance to the Advocate Commissioners and to the petitioner’s Authorized Officer for taking physical possession of the secured asset in terms of the Orders dated 17.09.2025 passed by the learned Chief Judicial Magistrate, Vijayawada, in CrI.M.P.Nos.2694/2025, 2695/2025 and 2696/2025 (as extended up to 29.12.2025), as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and consequently direct Respondent Nos. 2 to 4 herein to forthwith provide adequate police protection and all necessary assistance to the Advocate Commissioners appointed in CrI.M.P.Nos.2694/2025, 2695/2025 and 2696/2025 and to the petitioner’s Authorized Officer for taking physical possession of the mortgaged property (secured asset) and handing over the same to the petitioner-Company, strictly in accordance with law, within such time as may be stipulated by this Hon’ble Court.…” 2. Heard Sri N.Vara Prasad, 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 in the light of the Orders dated 17.09.2025 passed by the learned Chief Judicial Magistrate, Vijayawada in CrI.M.P.Nos.2694 of 2025, 2695 of 2025 and 2696 of 2025, the learned Advocate Commissioners, who were appointed under Section 14 of SARFAESI Act, 2002, have submitted a representation to the police on 5 18.12.2025 seeking police protection for taking physical possession of the mortgaged property (secured asset) and handing over the same to the petitioner-Company. He finally prays that let there be a direction to the respondent-police to consider the representation of the Advocate Commissioners dated 18.12.2025 and provide necessary assistance. 4. Learned Assistant Government Pleader for Home, on instructions, would submit that the police never refused to give assistance to the Advocate Commissioners and the Court may pass appropriate Orders. 5. Considering the submissions made, this Writ Petition is disposed of. However, the police are directed to look into the representation dated 18.12.2025 submitted by the learned Advocate Commissioners and give necessary assistance as per their request. 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. Note: Issue CC today, B/o. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 36326/2025 Dated.29.12.2025 Note: Issue CC today, B/o. UPS 14