APHC010575432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO: 30175/2024 Between: 1. TAMMU KALYAN KUMAR, S/O. VEERA VENKATA LEELA PRASAD, AGED 30 YEARS, OCCBUSINESS, R/O. 2-2/1-16/2, BARRILAKSHMANASWAMYSTREET, PONNAPALLI, NARASPURAM, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. UNION OF INDIA, MINISTRY OF FINANCE AIND COMPANY AFFAIRS (DEPARTMENT OF ECONOMIC AFFAIRS) (BANKING DIVISION), REPRESENTED BY ITS SECRETARY, 3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI-110001. 2. RESERVE BANK OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF BANKING REGULATION, OFFICE AT CENTRAL OFFICE, 12TH FLOOR, SHAHID BHAGAT SINGH MARG, FORT, MUMBAI, MAHARASHTRA - 400001. 3. AXIS BANK LTD, REGD. OFFICE TRISHUL, OPP SAMARTHESWAR TEMPLE, NEAR LAW GARDEN, ELLISBRIDGE, AHMEDABAD- 380006. 4. AXIS BANK LTD, REPRESENTED BY ITS AUTHORISED OFFICER BRANCH MANAGER, DOOR NO. 6215, GROUND FLOOR, KOTIPALLIVARI STREET, NARSAPUR, WEST GODAVARI DISTRICT ...RESPONDENT(S): 2 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 a writ, order or direction, more particularly, one in the nature of WRIT OF MANDAMUS declaring theaction of the Respondent Nos.3 and 4 in freezing the Petitioners Current Account No. 918020079877169 without issuing any notice, without passing any orders, without any fault of the Petitioner and without following due process of law as wholly illegal, arbitrary and with bias and unconstitutional and violative of Art 14, 21 and 300-A of Constitution of India and Pass IA NO: 1 OF 2024 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 direct the Respondents 3 and 4 to permit the Petitioner to operate his Current Account No. 918020079877169 including withdrawals and transactions and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. The Court made the following: 3 THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.30175 of 2024 ORDER: This writ petition is filed seeking a Writ of Mandamus to declare the action of the respondent Nos.3 and 4 in freezing the petitioner's Current Account No.918020079877169, without issuing any notice, without passing any orders, without any fault of the petitioner and without following due process of law as illegal, arbitrary and unconstitutional and violative of Article 14, 21 and 300-A of Constitution of India. 2. The case of the petitioner is that, he is engaged in Prawn and Fish Trading and Transport business. He used to purchase Prawn and Fish from the aquaculture farmers and export to Kolkata and other areas. He is having current bank account, bearing Account No.918020079877169 in the 4th Respondent-Bank from the year 2018. He uses this account for his business transactions. One Mr. Bachan Dev Yadav, who is resident of Howrah, Kolkata is also doing the same business in Kolkata. The petitioner used to export Fish and Prawn to him from Godavari District. Mr. Bachan Dev Yadav is Mediator, Fish Merchant and Commission Agent. He used to sell away Prawn and Fish to business people in and around Kolkata. After selling Fish and Prawn, he used to send amounts from his bank account or from the buyers accounts to the petitioner. There are several business transactions between the petitioner and the said person. 4 3. The petitioner is having Rs.4,00,000/- in his Current Account in 4th Respondent-Bank. He purchased Fish in Narsapur area and went to bank for withdrawal of amount on 04.12.2024. Then the 4th Respondent-Bank officials refused to permit withdrawal from his bank account. Then, he approached the Bank Manager and asked about refusal. The 4th Respondent- Bank Manager informed that his account has been freezed. When the petitioner asked about freezing of his account, the 4th respondent-Bank did not state any reasons. Though the petitioner approached respondent No.4 several times, respondent No.4 did not provide any information and did not permit him to withdraw the cash or transfer amount from his bank account. 4. Aggrieved by the action of the respondent No.4, the present writ petition is filed. The learned counsel for the petitioner would submit that the petitioner never involved in any criminal case and there is no dispute regarding his business transactions. 5. Under the circumstances, freezing the bank account of the petitioner by the respondent No.4 without any reason or without following due process of law has to be declared as illegal and arbitrary by allowing the writ petition. 6. Mr. Vishnu Bhushan Chowdary, learned counsel appeared for the respondent No.1. But the respondent No.1 is a formal party to this writ petition. Respondent Nos.3 and 4 are proper and necessary parties to this writ petition. In fact, this Court ordered notice to the respondent Nos.3 and 4 on 5 20.12.2024 and permitted learned counsel for the petitioner to take out personal notice to the respondent Nos.3 and 4. The learned counsel for the petitioner would submit that in compliance of the order of the Court, issued personal notice to the respondent Nos.3 and 4 and notice served to the respondent No.3 on 03.01.2025 and to the respondent No.4 on 02.01.2025. He filed a memo of proof of service to that effect on 28.02.2025. Even after, service of proper notice to the respondent Nos.3 and 4, they did not choose to file their counter-affidavit or to contest the matter. 7. Under these circumstances, this Court is left with no other option except to come to the conclusion that the respondent Nos.3 and 4 have no cause to contest in this writ petition. If they have any cause to contest, they have to file counter-affidavit rejecting the contentions of the petitioner and may engage counsel to defend themselves. 8. In the absence of the same, this Court is of the considered opinion that the respondents have no cause to contest and accordingly this Court has to accept the contention of the writ petitioner in all respects. 9. For the reasons stated above, this Writ Petition is allowed, declaring that the action of respondent Nos.3 and 4 in freezing the petitioner’s Current Account No.918020079877169 is without any authority or without following due process of law and is declared as illegal and arbitrary, whereas consequent to allowing of this writ petition, the respondent Nos.3 and 4 shall 6 permit the petitioner to operate his Current Account bearing No.918020079877169 forthwith. 10. There shall be no order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. __________________________ JUSTICE BATTU DEVANAND Date:23.03.2026 SA 7 238 THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.30175 of 2024 Dt.23.03.2026 SA