APHC010111242026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6755/2026 Between: 1. VILLA NAGA LAKSHMI, W / O VILLA SRINIVASA RAO, D.NO. 58-20-28/4, AGED 51 YEARS, APSEB COLONY, OPPOSITE VARUN TOWERS, BUCHHIRAJU PALEM, GOPALAPATNAM (RURAL), GOPALAPATNAM, VISAKHAPATNAM-530027. 2. VILLA SRINIVASA RAO,, S/O LATE SATYANARAYANA MURTHY, D.NO. 58-1-285, AGED 62 YEARS, NAD KOTHA ROAD, VISAKHAPATNAM-530009. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-532228. 2. THE REVENUE DIVISIONAL OFFICER AND SUBDIVISIONAL MAGISTRATE, VISAKHAPATNAM DIVISION, MAHARANIPETA, VISAKHAPATNAM-530002. 3. THE THASILDAR, GOPALAPATNAM MANDAL, VISAKHAPATNAM-530027. 4. THE INSPECTOR INSPECTOR OF POLICE, AIR PORT POLICE STATION, VISAKHAPATNAM CITY, VISAKHAPATNAM 530002. 5. PENTA PAAN SAI, S/O (LATE) SHANKAR RAO, AGED 35 YEARS, R/AT D.NO. 45-32-4/1, AKKAYYAPALEM, NEAR VIVEKANANDA HOSPITAL, VISAKHAPATBAM-5300016. ...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 topleased to issue appropriate Writ or order or direction, preferably one in the nature of WRIT OF CERTIORARI to direct the respondents No. 2 and 4 for call for the records relating to seizer proceedings of the 2nd respondent in Rc. No. 1037/2025/SA-2, 2 dt. 17.09.2025 of premises of D.No. 58-1-285, Sri Sai Villa, Upstairs of Alpha Hotel, 3rd Floor, NAD Junction, Visakhapatnam and consequently quash seizer proceedings passed by the 2nd respondent in Rc. No. 1037/2025/SA-2, dt. 17.09.2025 and further consequently Declare the action of the 2nd respondent Without issuing any show cause notice, without conducting an enquiry as mandated under Section 18 of the ITP Act, and without affording opportunity of hearing to the petitioner, the impugned order was passed by the 2nd respondent in directing to the 3rd respondent seize over the premises of D.No. 58-1- 285, Sri Sal Villa, Upstairs of Alpha Hotel, 3rd Floor, NAD Junction, Visakhapatnam under Section 18(1) of the Immoral Traffic (Prevention) Act, 1956, as illegal, arbitrary and violative of Principle of Natural justice and offends Articles 14 and 300-A of the Constitution of India 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 pleased to dispense with filing of certified copies of the impugned seizer proceedings passed by the 2nd respondent in Rc. No. 1037/2025/SA-2, dt. 17.09.2025 and permit the petitioner to file xerox copies for the present, in the interest of justice. IA NO: 2 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 pleased to suspend the impugned seizer proceedings passed by the 2nd respondent in vide its Rc. No. 1037/2025/SA-2, dt. 17.09.2025 of premises of D.No. 58-1-285, Sri Sai Villa, Upstairs of Alpha Hotel, 3rd Floor, NAD Junction, Visakhapatnam, till the disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. SIMHACHALAM KARUKOLA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. MURALI BABU DOMA 3 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. No representation for the 5th respondent in spite of filing vakalat and no counter is filed so far. 2. This writ petition is filed seeking Writ of Certiorari to direct the respondent Nos.2 and 4 to call for the records relating to seizer proceedings of the 2nd respondent in Rc. No. 1037/2025/SA-2, dated 17.09.2025 of premises of D.No.58-1-285, Sri Sai Villa, Upstairs of Alpha Hotel, 3rd Floor, NAD Junction, Visakhapatnam and consequently quash seizer proceedings passed by the 2nd respondent in Rc. No. 1037/2025/SA-2, dated 17.09.2025 and further consequently declare the action of the 2nd respondent without issuing any show cause notice, without conducting any enquiry as mandated under Section 18 of the ITP Act, and without affording opportunity of hearing to the petitioner, the impugned order was passed by the 2nd respondent in directing the 3rd respondent to seize the premises of D.No. 58-1-285, Sri Sal Villa, Upstairs of Alpha Hotel, 3rd Floor, NAD Junction, Visakhapatnam under Section 18(1) of the Immoral Traffic (Prevention) Act, 1956. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 2nd respondent dated 02.05.2026 submits that in Cr.No.161/2025 under Sections 143(3)(5), 4 144(1)(2) of BNS and Sections 3(1), 4(1), 5(1)(A) of Prevention of Immoral Trafficking Act investigation was done. During the investigation, A1 namely the 5th respondent herein/ Penta Pavan Sai S/o late Sankara Rao R/o D.No.45-32-4/1, Akkayyapalem, Near Vivekananda Hospital, Visakhapatnam being the occupier managing and organizing prostitution trade in the said SPA by using it as a brothel house taking the said SPA for rent from the owner i.e., the petitioner No.2 herein R/o D.No.58-1-285, NAD Kotha Road, Visakhapatnam. The brothel house is being located with the distance of 3 KM South West from the Airport Police Station and causing much inconvenience and embarrassing to the women, children and other public. The 2nd respondent issued instructions to the 3rd respondent to seize over the premises Elite Wellness SPA, D.No.58-1-285, Sri Sai Villa, Upstairs of Alpha Hotel, 3rd Floor, NAD Junction, Visakhapatnam from the 4th respondent and keep the custody until further orders. 4. As per the instructions of the 2nd respondent, the 3rd respondent conducted enquiry along with field level staff and the 4th respondent and due to the absence of the owner i.e., the petitioner No.2 herein, they seized the property i.e., Elite Wellness SPA, D.No.58-1-285, Sri Sai Villa, Upstairs of Alpha Hotel, 3rd Floor, NAD Junction, Visakhapatnam in the presence of accused i.e., the 5th respondent herein under the coverage of mediators report and the entire process was video graphed. Under Section 18(1) of Immoral Traffic (Prevention) Act, 1956, the 5 tenant of the property i.e., the 5th respondent herein attended the enquiry and statement was recorded from the above tenant and no other show cause notice was issued in favour of the owner i.e., the 2nd petitioner herein. 5. In view of the above said facts and circumstances and recording the written instructions of the 2nd respondent dated 02.05.2026, the petitioners are permitted to approach the competent criminal court for seeking appropriate relief in this regard. Without expressing any opinion on merits, this writ petition is disposed of. 6. Accordingly, the writ petition is disposed of. The written instructions of the 2nd respondent dated 02.05.2026 shall be made as part of the court record. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 04.05.2026 NNN