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2025 DAILYLAW 6067 (AP)

BANOTHU HALYA v. THE STATE OF ANDHRA PRADESH

WP/3163/2025 · 2025-02-24

B V L N Chakravarthi

body2025

Judgment text

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APHC010056062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 3163/2025 Between: 1. BANOTHU HALYA, S/O. BANOTHU DENYA, AGED ABOUT 46 YEARS, OCC TRAVEL BUSINESS AND OWNER OF THE VEHICLE, R/O. D.NO. 1-5-3, BUDIDI GADDATHANDA, ILLANDU ROAD, MAHABUBABAD, WARANGAL DISTRICT, TELENGANA STATE. 2. MOTTIMARA SESHADRI,, S/O. LATE M.PUSHPARAJU, AGED ABOUT 48 YEARS, OCC TRAVEL BUSINESS AND OWNER OF THE VEHICLE, R/O. D. NO. 15-288/B, PANCHALI NAGAR, RENIGUNTA, TIRUPATI, TIRUPATI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. SUPERINTENDANT OF POLICE, TIRUPATI DISTRICT AT TIRUPATI. 3. ADDITIONAL SUPERINTENDENT OF POLICE, TIRUMALA, TIRUPATI DISTRICT. 4. INSPECTOR OF POLICE, TIRUMALA II TOWN POLICE STATION, TIRUPATI DISTRICT. 2 5. STATION HOUSE OFFICER, TIRUMALA II TOWN POLICE STATION, TIRUPATI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. MUCHAKAYALA NARAYANA Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.3163 OF 2025 O R D E R: This writ petition under Article 226 of the Constitution of India is filed for the following relief: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of the respondents 2 to 5, particularly respondents 4 and 5 illegally kept petitioners vehicle in their police station from one month onwards. Vide Vehicle bearing Number i.e AP 36 W 3047, MAXI CAB, Mahindra and Mahindra LTD with Chassis Number MA1CD2ABA41H34148 and Engine Number AB41H24277 belongs to 1st Petitioner and Vehicle bearing Number AP 29 U 2667, MAXI CAB, Mahindra and Mahindra LTD with Chassis Number MA1CA2GAK61H32523 and Engine Number GA61H31579 belongs to 2nd petitioner, without issuing any notice to petitioners, without registering any crime against the petitioners and without following any known procedure established by law and Violative principles of Natural Justice and declare the same as illegal, arbitrary and Unjust and offends articles 14, 21 and 300-A of Constitution of India and to pass......” 2. Heard Sri Muchakayala Narayana, learned counsel for the petitioner and learned Additional Government Pleader for Home. 3. Learned Additional Government Pleader for Home on written instructions would submit that police seized two Mahindra Jeeps during investigation in Crime Nos.126 of 2024 and 127 of 4 2024 of Tirumala II-Town Police Station and investigation is in progress. 4. In that view of the matter, petitioner is at liberty to approach the jurisdictional Magistrate as per law for interim custody of vehicles seized by the police. 5. The submissions of the learned Additional Government Pleader for Home are placed on record. The learned counsel for petitioner also consented to dispose of the writ petition. 6. In that view of the matter, this Court is of the considered opinion that the writ petition can be closed at the stage of admission without going into the merits of the case. 7. Accordingly, the Writ Petition is closed at the stage of admission. There shall be no order as to costs. As a sequel thereto, the interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 24.02.2025. Dmr 5 65 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:3163 OF 2025 Date:24.02.2025 Dmr