APHC010321242026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE 9th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17503/2026 Between: 1. CHERUKURI PRASAD RAO, S/O. LATE CHERUKURI VENKATRAO AGED ABOUT 65 YEARS, OCC FARMER, RESIDENT OF D. NO. 2-2, VEGIWADA VILLAGE, PEDAVEGI MANDAL, ELURU DISTRICT. 2. CHERUKURI NAGA SIROMANI,, W/O. CHERUKURI PRASAD RAO AGED ABOUT 59 YEARS, OCC HOUSEWIFE, RESIDENT OF D. NO. 2-2, VEGIWADA VILLAGE, PEDAVEGI MANDAL, ELURU DISTRICT. ...PETITIONER(S) AND 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI - 110 001. 2. THE DIRECTORATE OF ENFORCEMENT, REP. BY ITS DIRECTOR, ENFORCEMENT DIRECTORATE, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, 6TH FLOOR, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI - 110 003. 3. THE ADDITIONAL DIRECTOR, DIRECTORATE OF ENFORCEMENT, BENGALURU ZONAL OFFICE, HMT LIMITED COMPOUND, BANGALORE COMPLEX, JALAHALLI, BENGALURU - 560 013. 2 4. THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT, BENGALURU ZONAL OFFICE, HMT LIMITED COMPOUND, BANGALORE COMPLEX, JALAHALLI, BENGALURU - 560 013. 5. THE SUBREGISTRAR, KAMAVARAPUKOTA, ELURU DISTRICT. - 534449. 6. DATIA BALA VENKATA SATYANARAYANA RAJU, S/O. DATIA SURYANARAYANA RAJU, AGED ABOUT 52 YEARS, R/O. FLAT NO. 257, 1ST FLOOR, KAKATIYA HILLS, ROAD NO.6, MADAPUR, HYDERABAD, TELANGANA STATE - 500033. ...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 to a) Issue a Writ, Order or Direction more particularly one in the nature of Writ of Certiorari or any other appropriate Writ, by calling for the records relating to Provisional Attachment Order No. 11/2026 dated 06.03.2026 in ECIR/BGZO/41/2021 issued by the Respondent no.4, to the extent it attaches the property described at Serial No. 3 of the Schedule thereto, which is the petitioners property without issuing any prior notice, without proper application of mind, without jurisdiction as being illegal, arbitrary, unfair apart from violation of principles of natural justice and Articles 14, 21 and 300-A of the Constitution of India and contrary to the provisions of the Prevention of Money Laundering Act, 2002 and rules made there under b) And Consequently, set aside the Provisional Attachment Order No. 11/2026 dated 06.03.2026 in ECIR/BGZO/41/2021 issued by the Respondent no.4, to the extent it attaches the property described at Serial No. 3 of the Schedule thereto, which is the petitioners property c) And also direct the respondent no.5 herein to remove the Petitioners property i.e., land to an extent of Ac. 6.86 cents in Sy. 6.86 cents in Sy. No. 249-1, Munduru village, Munduru gram panchayath, Pedavegi Mandal, erstwhile West Godavari District, present Eluru district d) 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 may be pleased to dispense with the filing of original/certified 3 copy of the Provisional Attachment Order No.11/2026 dated 06.03.2026 in ECIR/B6ZO/41/2021 issued by the Respondent No.4 with that of the xerox copy of the same and pass 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 to grant stay of all Further Proceedings pursuant to the Provisional Attachment Order No. 11/2026 dated 06.03.2026, issued by the respondent no.4, insofar as it relates to the property at Serial No. 3 of the Schedule thereto pending disposal of the writ petition and to pass IA NO: 3 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 to Suspend the Provisional Attachment Order No. 11/2026 dated 06.03.2026, insofar as it relates to the property at Serial No. 3 of the Schedule and direct the respondent no.5 herein to remove the subject from the list of prohibited properties pending disposal of the writ petition and to pass Counsel for the Petitioner(S): 1. CHILUKURI KARTHIK Counsel for the Respondent(S): 1. 2. GP FOR REGISTRATION AND STAMPS The Court made the following ORDER: To call for the records relating to Provisional Attachment Order No.11/2026 dated 06.03.2026 in ECIR/BGZO/41/2021 issued by the Respondent No.4, to the extent it attached the petitioners property described at Serial No.3 of the Schedule thereto, without issuing any prior notice and without jurisdiction, the present writ petition is filed. 4 2. Heard Sri Chilukuri Karthik, learned counsel for the petitioner and Sri Josyula Bhaskar Rao, learned Standing Counsel for Enforcement Department for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit filed in support of the writ petition contended that the petitioners are the bonafide purchasers and purchased the subject land under registered sale deeds. While so, without issuing any notice to the petitioners, the 4th respondent proceeded to provisionally attach their property under the provisions of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as PMLA) and issued the impugned Provisional Attachment Order No.11/2026 dated 06.03.2026 in exercise of powers purportedly conferred under Section 5(1) of the PMLA, attaching the subject property of the petitioners on the ground that it constitutes proceeds of crime. He further submitted that the said impugned order is passed without application of mind and if the same is allowed to subsist, it affects the rights of the petitioners, as such, prayed to pass appropriate orders protecting the interest of the petitioners. 4. On the other hand, learned Standing Counsel for Enforcement Department submitted that if at all the petitioners have any grievance against the impugned orders, they have to approach the Adjudicatory Authority by virtue of Section 5(1) of the PMLA, for raising the 5 attachment, but cannot ventilate their grievance before this Court, accordingly, prayed to dismiss the writ petition. 5. Taking their submissions into consideration, to meet the ends of justice, this Court is inclined to dispose of the writ petition giving liberty to the petitioners to raise all the grounds that are raised before this Court before authority concerned i.e., adjudicating authority under PMLA along with all the documents in support of their claim. Further, the authority concerned shall take into consideration, the explanation and the documents submitted by the petitioners before passing orders on final adjudication and pass a reasoned order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 09th July, 2026 RKS Whether the order is: Speaking Reasoned Reportable Non-reportable