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2026 DAILYLAW 15320 (AP)

PEMMANABOINA RAMBABU v. THE STATE OF AP

WP/1726/2026 · 2026-02-22

Maheswara Rao Kuncheam

body2026

Judgment text

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1 APHC010027002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 1726 OF 2026 Between: 1. Pemmanaboina Rambabu, S/o. Virraghavalu, aged 45 years, R/o.3-97, SC Colony, Rajanagaram, Konda Gunturu, East Godavari District, Andhra Pradesh. 2. 2. Giri Rambabu, S/o. Giri Narasimha Murthi, aged 38 years, R/o. 3-124, Kesava Swamy Temple, Kanuru, Peravali, West Godavari District, Andhra Pradesh. 3. 3. Velagala Lakshmi Bhavani, W/o.Velagala Venkat Reddy, aged 50 years R/o.1-21, Jonnada, East Godavari District, Andhra Pradesh. 4. 4. Yavvakula Veerraju, S/o. Subbarao, aged 45 years, R/o. 3-240/1, Devi Gudi Veedhi, Velugubanda Village, Rajanagaram Mandal, East Godavari District, Andhra Pradesh ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines Geology Department, Secretariat Buildings at Velagapudi, Guntur District 2. The Assistant Director of Mines Geology, Rajamahendravaram, East Godavari District-533101. 3. The Deputy Executive Engineer, EHT Lines Sub-Division APTRANSCO, Bommuru, East Godavari District-533124. 4. The Tahsildar, Rajanagaram Mandal, East Godavari District, Andhra Pradesh-533294. 2 5. The Station House Officer, Rajanagaram Police Station, East Godavari District, Andhra Pradesh-533294. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent Nos. 2 to 5 herein in seizing the vehicles i.e. Tractor Bearing No.AP 37 AQ 7532, Trailer Bearing No. AP 39 VF 3973 of the 1st petitioner, lorry Bearing No. AP 05 TM 1266 belongs to the 2nd petitioner, Lorry Bearing No. AP 31 TM 1755 belongs to the 3rd petitioner, TATA Hitachi 200LC Procliner with Chassis No. SP20-15341 belongs to the 4th petitioner, without following any procedure known to law as illegal, arbitrary and against the principles of natural justice and violative of Articles 19 and 21 of the Constitution of India and consequently direct the respondents to release the vehicles of the petitioners from their custody and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioners: CHETAN PONNURU Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:GP FOR MINES AND GEOLOGY Counsel for the Respondents:V V SATISH The Court made the following order: 3 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.1726 OF 2026 ORDER: The instant writ petition has been filed by the petitioners under Article 226 of Constitution of India seeking the following main prayer: “to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent Nos. 2 to 5 herein in seizing the vehicles i.e. Tractor Bearing No.AP 37 AQ 7532, Trailer Bearing No. AP 39 VF 3973 of the 1st petitioner, lorry Bearing No. AP 05 TM 1266 belongs to the 2nd petitioner, Lorry Bearing No. AP 31 TM 1755 belongs to the 3rd petitioner, TATA Hitachi 200LC Procliner with Chassis No.SP20-15341 belongs to the 4th petitioner, without following any procedure known to law as illegal, arbitrary and against the principles of natural justice and violative of Articles 19 and 21 of the Constitution of India and consequently direct the respondents to release the vehicles of the petitioners from their custody and pass…..” 2. At the time of hearing, learned counsel for the petitioners submits that by virtue of interim orders passed by this Court dated 02.02.2026, three vehicles bearing Nos. Tractor Bearing No.AP 37 AQ 7532, Trailer Bearing No. AP 39 VF 3973 of the 1st petitioner, lorry Bearing No. AP 05 TM 1266 belongs to the 2nd petitioner, Lorry 4 Bearing No. AP 31 TM 1755 belongs to the 3rd petitioner, were released by the authorities concerned. 3. Learned counsel further submits that in respect of vehicle bearing TATA Hitachi 200LC Procliner with Chassis No. SP20- 15341 belonging to the 4th petitioner, was not released. 4. Under the above circumstances, learned counsel for the petitioners sought permission of this Court to withdraw the present writ petition with a liberty to file a fresh writ petition so as to release of the vehicle TATA Hitachi 200LC Procliner with Chassis No.SP20- 15341 belonging to the 4th petitioner. He further submits that no further orders need be passed in respect of petitioners 1 to 3 are concerned, as the relief sought against them has already been complied with by the respondent authorities and their respective vehicles have been released. 5. Learned Standing Counsel appearing for the respondents not disputed the same. 6. Accordingly, permitting the learned counsel for the petitioners to withdraw the present writ petition so far as 4th petitioner is concerned leaving it open to work out his legal remedies in accordance with law including filing a fresh writ petition, this writ 5 petition is dismissed as withdrawn. Writ petition is closed so far as petitioners 1 to 3 are concerned. There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date:23.02.2026 Rns 6 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.1726 of 2026 Date:23.02.2026 Rns