APHC010095572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 5789/2026 Between: 1. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, REGISTERED OFFICE AT CHOLA CREST, C54 AND 55, SUPER B-4, THIRU. INDUSTRIAL ESTATE, GUINDY, CHENNAI- 600032, AND ITS BRANCH OFFICE AT 59- 14-24, 1ST FLOOR, SHANTHI PLAZA, GAYATHRI NAGAR, NEAR BENZ CIRCLE, VIJAYAWADA - 520010, REPRESENTED BY ITS AUTHORIZED OFFICER, RAMESH KURIYALA, S/O. VENKATESWARLU, AGED ABOUT 42 YEARS. RESIDING AT H.NO. 4-4- 65/1 A, SLV ARCADE, CHANDRAMOULI NAGAR EXTENSION, GUNTUR-522004, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE STATION HOUSE OFFICER, KARLAPALEM POLICE STATION, BAPATLA DISTRICT, ANDHRA PRADESH. 3. SUVARCHALA YEMINENI, W/0. SAMBAIAH YEMINENI, RESIDING AT DOOR NO. 7- 361, KARLAPALEM, GUNTUR DISTRICT, ANDHRA PRADESH-522111. 4. EVAN TAPES INDIA, REPRESENTED BY ITS PROPRIETOR, SUVARCHALA YEMINENI, W/O. SAMBAIAH YEMINENI, RESIDING AT DOOR NO. 17-12, THOTA VARI PALEM, CHIRALA, PRAKASAM 2 Dr. YLR, J W.P.No.5789 of 2026 Dated 09.03.2026 DISTRICT, ANDHRA PRADESH-523166. 5. SAMBAIAH YEMINENI, S/O. KOTESWARA RAO YEMINENI, RESIDING AT DOOR NO. 7-361, KARLAPALEM, GUNTUR DISTRICT, ANDHRA PRADESH-522111. 6. KOTESWARA RAO YEMINENI, S/O. SAMBAIAH YEMINENI, RESIDING AT DOOR NO. 7-361, KARLAPALEM, GUNTUR DISTRICT, ANDHRA PRADESH-522111. 7. YEMINENI VENKATESWARAMMA, , W/O. KOTESWARA RAO YEMINENI, RESIDING AT DOOR NO. 7-361, KARLAPALEM, GUNTUR DISTRICT, ANDHRA PRADESH-522111. ...RESPONDENT(S): 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 (i) pass an order to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus directing the Respondent No. 1 AND 2 to provide police protection to the secured asset and evict the illegal occupants, including Respondents No. 3 to 7 along with their associates, from the secured asset and restore peaceful and vacant possession of the Petitioner (ii) to conduct a fair, impartial and expeditious investigation in FIR No.215/2025 dated 15-12-2025 registered at Karlapalem Police Station, and taking appropriate criminal action against all persons responsible for the acts of trespass, violation of Court-ordered possession and interference with due process of law and (iii) Pass Counsel for the Petitioner: KUNUKU RAJA SEKHAR Counsel for the Respondent(S): GP FOR HOME The Court made the following: 3 Dr. YLR, J W.P.No.5789 of 2026 Dated 09.03.2026 ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to (i) pass an order to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus directing the Respondent No. 1 AND 2 to provide police protection to the secured asset and evict the illegal occupants, including Respondents No. 3 to 7 along with their associates, from the secured asset and restore peaceful and vacant possession of the Petitioner (ii) to conduct a fair, impartial and expeditious investigation in FIR No.215/2025 dated 15-12-2025 registered at Karlapalem Police Station, and taking appropriate criminal action against all persons responsible for the acts of trespass, violation of Court-ordered possession and interference with due process of law and (iii) Pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri K. Raja Sekhar, learned counsel for the petitioner, submits that the complaint of the petitioner was registered as a case in Crime No.215 of 2025 on 15.12.2025 by the Station House Officer, Karlapalem P.S. However, the investigation has not been conducted in a fair, impartial, and expeditious manner. 4. Per contra, Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the Investigating Officer has completed the investigation and filed the charge sheet on 31.01.2026 before the learned Additional Junior Civil Judge, Bapatla, and the same has been numbered as C.C. No.112 of 2026. 5. The learned counsel for the petitioner further submits that unofficial respondent Nos.3 to 7 have illegally occupied the premises of the secured 4 Dr. YLR, J W.P.No.5789 of 2026 Dated 09.03.2026 asset in violation of the orders passed by the learned Principal Assistant Sessions Judge, Guntur-cum-Chief Judicial Magistrate, Guntur, in Crl.M.P. No.915 of 2025 dated 17.10.2025. 6. If that be the case, the petitioner is at liberty to approach the very same learned trial Court for appropriate directions against the persons who have violated the said orders. In any event, since the investigation has been completed and the charge sheet has been filed, the question of conducting the investigation in a fair, impartial, and expeditious manner does not arise. The purpose of filing this writ petition has already been served. 7. Considering the above facts and circumstances, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 09.03.2026 PBS 5 Dr. YLR, J W.P.No.5789 of 2026 Dated 09.03.2026 248 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 5789 of 2026 Date: 09.03.2026 PBS