IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5536 OF 2025 Between; Kanth, S/o. Bala Parameswararao, Age. 31 1-27/1, Venkateswara Swamy Gudi Veedhi mr P Gannavaram Mandal, East Godavari (Ur.BR.Ambedkar Konaseema District), Andhra Pradesh District ...Petitioner AND 1. The State of Ar^hra Pradesh, Rep.by its Principal Secretary Department of Revenue, Stamps and Registration, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, East Godavari District (Dr.BR.Ambedka r Konaseema District) Andhra Pradesh. P Gannavaram, Dr.BR.Ambedkar Konaseema Andhra Pradesh. District, its Principal Secretary, Department Home, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 5. The Superintendent of Police, East Godavari District (Dr BR Ambedkar Konaseema District) Andhra Pradesh. tur.DK.AmoeaKar Dr f'-G^f^navaram Police Station, Ur.BR.Ambedkar Konaseema District, Andhra Pradesh. of ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ or order or direction may more particularly one in the of the Respondent.No.6 PLUS EXCAVATOR, without following the procedure under nature of Writ of MANDAMUS declaring the action in seizing the TATA HITACHI EX200 SUPER Machine Serial.No.SP20-28077, G.O.Ms.No.43 (Industries and Commerce (Mines-lll) Department 08.07.2024 or under BNSS, 2023 dated as illegal. Arbitrary, Capricious, irregular, without any jurisdiction. Ultra-vires, high-handed, malafide, contrary to the procedure established by law, and against to the Principles of Natural Justice and violative of fundamental rights guaranteed under Article 14, ^9('l)(g). 21 of the Constitution of India and Consequently, direct the Respondent.No.6 to release the TATA HITACHI EX200 SUPER PLUS EXCAVATOR, Machine Serial.No.SP20-28077 belonging to the Petitioner, forthwith. lA NO: 1 OF 2n?fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the Respondent.No.6 to release the TATA HITACHI EX200 SUPER PLUS EXCAVATOR, Machine Serial.No.SP20-28077 to the Petitioner. may be Counsel for the Petitioner: SRI DHEERA KANISHKA Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS Counsel for the Respondents: GP FOR HOME The Court made the following order: n APHC010092122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No: 5536/2025 Between: ...PETITIONER Annabathula Vd Krishna Kanth AND ...RESPONDENTS The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.DHEERA KANISHKA Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REGISTRATION AND STAMPS The Court made the following order: 1. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for respondents 4 to 6. 2. The learned counsel for the petitioner submits that the petitioner is alleged to have committed an offence under Section 132 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The complaint is filed against one Prudhvi and his henchmen, alleging that they obstructed the Revenue Inspector and other Government officials in the discharge of their duties. -2- 0' W.P. No.5536 of 2025 3. The learned Assistant Government Pleader submits that the accused attempted to construct an illegal ramp on 03.12.2025. However, upon the intervention of the revenue authorities, the accused abandoned the excavator, which belongs to the petitioner. 4. The learned counsel for the petitioner submits that the petitioner is the owner of TATA Hitachi EX 200 Super Plus excavator serial No.SP 20-28077. The learned counsel further submits that the excavator had no role in committing any of the offences and that the police seized it without issuing any seizure proceedings and also not according to the G.O.Ms.No.43 (Industries & Commerce [Mines-lll] Department), dated 08.07.2024. 5. Considering the submissions of the learned counsel for the petitioner and after hearing the submission of the learned Assistant Government Pleader, admittedly, the excavator has no role insofar as the commission of the offence by the accused therein. Keeping the excavator idle at the police station and prolonged exposure to the weather could damage the machinery. 6. Hence, this Court deems it appropriate to dispose off the writ petition, directing the Station House Officer, P.Gannavaram police station, Dr.B.R.Ambedkar Konaseema District, to release TATA Hitachi EX 200 Super Plus excavator serial No.SP 20-28077 to the petitioner upon furnishing a personal bond for a sum of \ -3- W.P. No.5536 of 2025 Rs.1,00,000/- and undertaking to produce as and when required for the purpose of investigation. 7. Accordingly, the writ petition is disposed off. No costs. 8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Revenue, Stamps and Registration, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, East Godavari District (Dr.BR.Ambedka r Konaseema District) Andhra Pradesh. 3. The Tahsildar, P.Gannavaram, Dr.BR.Ambedkar Konaseema District, Andhra Pradesh. 4. The Principal Secretary, Department of Home, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 5 The Superintendent of Police, East Godavari District (Dr.BR.Ambedkar Konaseema District) Andhra Pradesh. 6. The Station House officer (SHO), P.Gannavaram Police Station, Dr.BR.Ambedkar Konaseema District, Andhra Pradesh 7. One CC to Sri Dheera Kanishka, Advocate [OPUC] 8. Two CCs to GP for Registration & Stamps, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 10. Two CD Copies RAM HIGH COURT DATED:10/03/2025 » 2 5 MAR 2025 ^ . Current Seciion .' ^^;s£g;SPATCVjg$^ ORDER WP.No.5536 of 2025 a DISPOSING OF THE WP WITHOUT COSTS