APHC010239452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12516/2026 Between: 1. BORUSU VEERABHADRA RAO,, S/O. TATAYYA, AGED 50 YEARS, OCC CULTIVATION, R/O KOTHAPETA VILLAGE AND MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. -533223 2. GANGUMALLA RAMA RAO,, S/O. CHINNA PEDDAIAH, AGED 65 YEARS, OCC AND CULTIVATION, R/O. 11-126, VANAPALLI VILLAGE, MALAKONDAIAH NAGAR, KOTHAPET MANDAL, DR. AMBEDKAR KONASEEMA DISTRICT. 533228 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522237. 2. THE SUPERINTENDENT OF POLICE, DR. B.R. AMBEDKAR KONASEEMA DISTRICT AT AMALAPURAM - 533201. 3. THE DEPUTY SUPERINTENDENT OF POLICE, DR. B.R. AMBEDKAR KONASEEMA DISTRICT AT AMALAPURAM - 533201. 4. THE STATION HOUSE OFFICER, KOTHAPETA POLICE STATION, DR. B.R. AMBEDKAR KONASEEMA DISTRICT - 533223. 2 5. PEPAKAYALA SUBBA RAO, S/O. SATYANARAYANA, AGED 50 YEARS, OCC BUSINESS, R/O. KOTHAPETA VILLAGE AND MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT - 533223. 6. SANUPATHI KANAKESWARA RAO, S/O. VENKATA RAO, AGED 47 YEARS OCC BUSINESS, R/O. KOTHAPETA VILLAGE AND MANDAL DR. B.R. AMBEDKAR KONASEEMA DISTRICT - 533223. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed for the following relief: “…to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents, more particularly Respondent No.4, in illegally seizing and continuing to retain the Petitioners vehicle, namely Mahindra Tractor (Swaraj 742 EE) bearing Registration No. AP 05 EN 1895 along with its trailer loaded with coconuts in FIR.No.27/2026 without producing the same before the Learned Jurisdictional Magistrate of First Class at Kothapeta, as being arbitrary, illegal, without authority of law, and violative of provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, and violative of Articles 14, 21 and SOOA of Constitution of India and Consequently, direct the Respondents, particularly Respondent No.4, to forthwith produce the said seized vehicle along with the goods, before the Learned court of jurisdictional Judicial Magistrate of First Class, Kothapeta, within a time frame as may be fixed by this Honble Court, to enable the Petitioners to seek appropriate interim custody…” 2. Heard the learned counsel for Petitioners and learned Assistant Government Pleader. 3. Mrs. Nimmagadda Revathi, learned counsel for the Petitioners, submits that Respondent No.4 has illegally seized and is continuing to retain the 3 Petitioners’ vehicle, namely Mahindra Tractor (Swaraj 742 EE) bearing Registration No. AP 05 EN 1895 along with its trailer loaded with coconuts in Crime No.27/2026, without producing the same before the learned Jurisdictional Magistrate of First Class, Kothapeta. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that FIR No.27 of 2026 was registered at Kothapeta Police Station on the complaint of Respondent No.5. The Mahindra Tractor (Swaraj 742 EE) with trailer loaded with coconuts was secured as part of investigation to maintain law and order. It is further submitted that the police have not interfered in civil disputes pending before competent courts. It is also submitted that the Petitioners, though granted anticipatory bail with conditions, have failed to comply with attendance directions, thereby obstructing investigation. 5. Having regard to the facts and circumstances of the case, and upon recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of, requiring the Petitioner to re‑submit the petition which was earlier returned by the Jurisdictional Magistrate. On such re‑submission, the learned Jurisdictional Magistrate is directed to pass appropriate orders, by necessarily altering the provision of law in case the vehicle is not produced, inasmuch as the learned Jurisdictional Magistrate has got ample power to order the release of the vehicle even if the vehicle is not produced before the Court. 4 6. Accordingly, 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: 08.05.2026 PRA 5 304 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12516 of 2026 Date: 08.05.2026 PRA