APHC010596452023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30752/2023 Between: 1. GADDAM MANGAMMA,, W/O GADDAM DHAMODHAR @ DHAMODHARA, AGED ABOUT 27 YEARS, OCC LABOUR, R/O DIGUVAMACHIREDDIGARIPALLE VILLAGE, RACHIVETIVARIPALLE, NIMMANAPALLE, ANNAIMAIAH DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, PROHIBITION AND EXCISE DEPARTMENT, ANNAMAIAH DISTRICT. 3. THE DEPUTY COMMISSIONER OF POLICE, SPECIAL ENFORCEMENT BUREAU, ANNAMAIAH DISTRICT. 4. THE STATION HOUSE OFFICER, SPECIAL ENFORCEMENT BUREAU STATION, MADANAPALLI POLICE STATION, ANNAMAIAH DISTRICT. ...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 toFor the reasons stated in the accompanying affidavit, It is therefore 2 prayed that this Honble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Impugned Order vide Cr.No.152/2024/SEB/C, dated 25.01.2024 issued by the 3rd respondent, not releasing the seized two Wheeler One Red and Block colour Hero Glamour bearing Vehicle No.AP39LP9626 of the petitioner against the Crime No.193 of 2024 dated 27.05.2024 on the file of the 4th respondent and not considering the representation on 7.8.2024 made by the petitioner and violation of Principles of Natural Justice and also in violation of Article 14 of the Constitution of India, set aside the Impugned Order vide Cr.No.152/2024/SEB/C, dated 25.01.2024 issued by the 3rd respondent and consequently direct the respondent No.2 to 4 to release the seized two Wheeler One Red and Block colour Hero Glamour bearing Vehicle No.AP39LP9626 of the petitioner against the Crime No.193 of 2024 dated 27.05.2024 on the file of the 4th respondent and to consider the representation on 7.8.2024 made by the petitioner and to pass such other order or further orders as the Honble Court may deem fit and proper in the facts and circumstances of the case. Prayer is amended as per Courts Order dt. 22/01/2025 in IA 1/2024. IA NO: 1 OF 2023 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 respondent No.2 to 4 to release the seized two Wheeler One Red and Block colour Hero Glamour bearing Vehicle No.AP39LP9626 of the petitioner against the Crime No. 193 of 2023 dated 27.05.2023 on the file of the 4th respondent; and to consider the representation on 7.8.2023 made by the petitioner pending disposal of the above writ petition 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 Amend the prayer as follows: It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Impugned Order vide Cr.No.152/2024/SEB/C, dated 25.01.2024 issued by the 3rd respondent, not releasing the seized two Wheeler One Red & Block colour Hero Glamour bearing Vehicle NO.AP39LP9626 of the petitioner against the Crime No. 193 of 2024 dated 27.05.2024 on the file of the 4th respondent: and 3 not considering the representation on 7.8.2024 made by the petitioner and violation of Principles of Natural Justice and also in violation of Article 14 of the Constitution of India, set aside the Impugned Order vide Cr.No.152/2024/SEB/C, dated 25.01.2024 issued by the 3rd respondent and consequently direct the respondent No.2 to 4 to release the seized two Wheeler One Red & Block colour Hero Glamour bearing Vehicle NO.AP39LP9626 of the petitioner against the Crime No. 193 of 2024 dated 27.05.2024 on the file of the 4th respondent; and to consider the representation on 7.8.2024 made by the petitioner and to pass such other order or further orders as the Hon’ble Court may deem fit and proper in the facts and circumstances of the case. Instead of: It is therefore prayed that this Hon’ble 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 respondent No.2 to 4 in not releasing the seized two Wheeler One Red & Block colour Hero Glamour bearing Vehicle No.AP39LP9626 of the petitioner against the Crime No. 193 of 2024 dated 27.05.2024 on the file of the 4th respondent; and not considering the representation on 7.8.2024 made by the petitioner and violation of Principles of Natural Justice and also in violation of Article 14 of the Constitution of India and consequently direct the respondent No.2 to 4 to release the seized two Wheeler One Red & Block colour Hero Glamour bearing Vehicle No.AP39LP9626 of the petitioner against the Crime No. 193 of 2024 dated 27.05.2024 on the file of the 4th respondent; and to consider the representation on 7.8.2024 made by the petitioner and to pass Counsel for the Petitioner: 1. PASAPALA SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR PROHIBITION EXCISE The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.30752 OF 2023 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Impugned Order vide Cr.No.152/2024/SEB/C, dated 25.01.2024 issued by the 3rd respondent, not releasing the seized two Wheeler One Red and Block colour Hero Glamour bearing Vehicle No.AP39LP9626 of the petitioner against the Crime No.193 of 2024 dated 27.05.2024 on the file of the 4th respondent and not considering the representation on 7.8.2024 made by the petitioner and violation of Principles of Natural Justice and also in violation of Article 14 of the Constitution of India, set aside the Impugned Order vide Cr.No.152/2024/SEB/C, dated 25.01.2024 issued by the 3rd respondent and consequently direct the respondent No.2 to 4 to release the seized two Wheeler One Red and Block colour Hero Glamour bearing Vehicle No.AP39LP9626 of the petitioner against the Crime No.193 of 2024 dated 27.05.2024 on the file of the 4th respondent and to consider the representation on 7.8.2024 made by the petitioner and to pass such other order order or orders…” 2. The short grievance of the petitioner is that the respondents have not considered the petitioner’s representation dated 07.08.2024 and have not released the petitioner’s two wheeler bearing No.AP39LP9626, which was seized in Crime No.193 of 2024 dated 27.05.2024. Aggrieved by the same, present writ petition has been filed. 3. Heard Sri P.Sudhakar Reddy, learned counsel for petitioner and learned Government Pleader for Prohibition and Excise for respondents. 5 4. Learned Government Pleader submits that the respondents have conducted auction on 17.07.2025 and the vehicle was handed over to the highest bidder in the auction. Therefore, nothing survives in the writ petition. Hence, prayed to close the writ petition. 5. At this juncture, learned counsel for the petitioner would implore this Court that it would suffice if the petitioner’s representation be addressed. 6. In view of the said submissions, without going into merits of the matter, the present Writ Petition is disposed of, permitting the petitioner to file an application before the concerned authority addressing her grievance and the concerned authority is directed to examine the same and pass appropriate orders, in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 22.01.2026 KBN 6 73 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.30752 of 2023 Date: 22.01.2026 KBN