APHC010287702026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 15058/2026 Between: 1. NEKKANTI SUBHAKARA RAO, S/O.GOPALAM, AGED ABOUT 72 YEARS, OCCAGRICULTURE, R/O. 13-20, ACHANTA VILLAGE MANDAL, WEST GODAVARI DISTRICT. 2. KUDIPUDI GANGADHARA RAO,, S/O.SATYANARAYANA AGED ABOUT 45 YEARS, R/O.1-107, RAVULAPALEM, DR.B.R.A.KONASEEMA DISTRICT. (OWNER OF JCB BEARING NO.AP27AA1971) 3. S.VENNAPU SRINU, S/O.NAGESWARA RAO, AGED ABOUT 43 YEARS, R/O.34-21/1, ACHANTA VENNAPUVARIPALEM, ACHANTA MANDAL, WEST GODAVARI DISTRICT. (OWNER OF TRACTOR AP39RL0315, TRAILER AP37TA5020) 4. AKULA HARIKRISHNA,, S/O.SATYANARAYANA, AGED ABOUT 25 YEARS, R/O. 1-53/A, PODURU, WEST GODAVARI DISTRICT. (OWNER OF TRACTOR AP37DE7807, TRAILER AP37TD5266) 5. CHILUKURI SRINIVAS, S/O.RAMA RAO, AGED ABOUT 46 YEARS, R/O.36-92, THURPUPALEM, ACHANTA VILLAGE MANDAL, WEST GODAVARI DISTRICT. (OWNER OF TRACTOR AP37TD8247, TRAILER AP37TD8720) ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETAIAT, 2 VELAGAPUDI, AMARAVATI.. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM-534201 3. THE REVENUE DIVISIONAL OFFICER, NARASAPURAM, WEST GODAVARI DISTRICT-534275. 4. THE TAHSILDAR, ACHANTA, WEST GODAVARI DISTRICT-534123. 5. THE VILLAGE REVENUE OFFICER, ACHANTA VILLAGE, ACHANTA MANDAL, WEST GODAVARI DISTRICT -534123. 6. THE STATION HOUSE OFFICER, ACHANTA POLICE STATION, ACHANTA MANDAL, WEST GODAVARI DISTRICT -534123. ...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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in seizing the JCB bearing Registration No.AP27AA1971, three Tractors bearing Registration NOS.AP39RL0315, AP37DE7807, AP37TD8247 and three Trailers bearing Registration Nos. AP37TA5020, AP37TD5266 AP37TD8720 respectively belong to the Petitioners 2 to 4 in Crime No.45/2026 of Achanta Police Station, Achanta Mandal, West Godavari District without following procedure contemplated under the Provisions of Baratiya Nagarik Suraksha Sanhita, and threatening the Petitioner No.1 to withdraw the Writ Petition No. 13906/2026, as arbitrary, illegal, unconstitutional , colourable exercise of power, and consequently direct the Respondents to release the subject Vehicles to the Petitioners forthwith, and to 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 direct the Respondents to release the JCB bearing Registration No.AP27AA1971, three Tractors bearing Registration Nos.AP39RL0315, AP37DE7807, AP37TD8247 and three Trailers bearing Registration Nos. AP37TA5020, AP37TD5266 & AP37TD8720 to the Petitioners 2 to 5 forthwith, relating to Crime No.45/2026 of Achanta Police Station, Achanta Mandal, West Godavari District, pending disposal of the above writ petition, and to pass 3 Counsel for the Petitioner(S): 1. BOLLA VENKATA RAMA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: 4 ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…pleased to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in seizing the JCB bearing Registration No.AP27AA1971 three Tractors bearing Registration Nos.AP39RL0315 AP37DE7807 AP37TD8247 and three Trailers bearing Registration Nos.AP37TA5020 AP37TD5266 AP37TD8720 respectively belong to the petitioners 2 to 4 in Crime No.45/2026 of Achanta Police Station Achanta Mandal West Godavari District, without following procedure contemplated under the Provisions of Baratiya Nagarik Suraksha Sanhita and threatening the petitioner No.1 to withdraw the Writ Petition No.13906/2026 as arbitrary, illegal, unconstitutional colourable exercise of power and consequently, direct the respondents to release the subject Vehicles to the petitioners forthwith and to pass….” 2. Learned counsel for the petitioners submits that the respondents illegally seized the JCB, tractors and trailers in Crime No.45/2026 without following the procedure prescribed under BNSS or producing the vehicles before the jurisdictional Magistrate. It is contended that the vehicles were used only for agricultural land levelling of 1st petitioner and not for illegal excavation or soil transportation. Learned counsel further submits that continued detention of the vehicles is depriving petitioner Nos.2 to 5 of their livelihood and causing damage to the vehicles. It is further alleged that the police threatened the 1st petitioner to withdraw W.P.No.13906 of 2026 and approach the local MLA for release of the vehicles. Hence, the petitioners seek declaration of the seizure as arbitrary and illegal and consequential release of the vehicles forthwith. 3. Per contra, learned Assistant Government Pleader, vehemently opposed the release of the vehicles on the ground that the investigation is still pending. The learned Assistant Government Pleader further submits that the police seized the JCB, tractors and trailers in Crime No.45/2026 based on 5 allegations of illegal soil excavation and transportation. It is submitted that the seizure was made during the course of investigation and the enquiry is still pending. The learned Assistant Government Pleader denies the allegations that the police threatened the petitioners to withdraw the earlier writ petition. It is further submitted that the petitioners have an alternative remedy to seek release of the vehicles before the concerned Magistrate Court under BNSS. Therefore, the writ petition is liable to be dismissed. 4. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home. Perused the record. 5. As seen from the record, the petitioners are the owners of the subject vehicles. If the vehicles are kept unused in the police station or Court premises and exposed to sun and rain, there is every likelihood of the same getting damaged. Therefore, in the interest of justice, the vehicles can be ordered to be released to the petitioners, subject to certain conditions. 6. Considering the facts and circumstances of the case, the writ petition is disposed of. The subject vehicles i.e., JCB bearing Registration No.AP27AA1971, three Tractors bearing Registration Nos.AP39RL0315 AP37DE7807, AP37TD8247 and three Trailers bearing Registration Nos.AP37TA5020, AP37TD5266, AP37TD8720 which were seized in connection with Crime No.45 of 2026, before the Achanta Police Station Achanta Mandal West Godavari District, are ordered to be released to the petitioners, subject to the following conditions: 6 i. The vehicles shall be released on the petitioners executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) for the JCB bearing Registration No.AP27AA1971 and Rs.50,000/- (Rupees Fifty Thousand only) each for the three Tractors bearing Registration Nos.AP39RL0315 AP37DE7807 AP37TD8247 and three Trailers bearing Registration Nos.AP37TA5020 AP37TD5266 AP37TD8720 respectively to the satisfaction of the Station House Officer, Achanta Police Station, Achanta Mandal, West Godavari District. ii. The petitioners shall produce the vehicles as and when required by the Trial Court. iii. The petitioners shall not alter, alienate, or create any third-party interest in the vehicles in any manner whatsoever, nor shall they transfer the same. iv. The petitioners shall deposit the original Registration Certificates (RC) of the vehicles before the Trial Court. In that event, the learned Trial Court is permitted to direct the Motor Vehicles Authority (MVA) to issue a necessary certificate enabling the petitioners to ply the vehicles on the road during the pendency of the proceedings. 7. In the result, the Writ Petition is disposed of. There shall be no order as to costs. 7 As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 28.05.2026 Note: Issue CC by 29.05.2026. B/o. SCH 8 38 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION No.15058 of 2026 Date: 28.05.2026 Note: Issue CC by 29.05.2026. B/o. SCH