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Andhra Pradesh High Court - Amravati

Karri Yesubabu vs The State Of Andhra Pradesh on 29 January, 2026

APHC010002912026
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI               [3521]
                          (Special Original Jurisdiction)

           THURSDAY,THE TWENTY NINETH DAY OF JANUARY
                 TWO THOUSAND AND TWENTY SIX

                                PRESENT

          THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

                    WRIT PETITION NO: 1354 OF 2026

Between:

  1. KARRI YESUBABU, S/O PEDDA ABBAI, AGED ABOUT 45 YEARS,
     OCCUPATION     BUSINESS (LODGE),     R/O D.NO.43
                                               D.NO.43-15-4,
     KALYANAMANDAPAM         STREET,            KOTHAPET,
     RAJAMAHENDRAV.ARANN, EAST GODAVARI DISTRICT, ANDHRA
     PRADESH.

                                                     ...PETITIONER

                                 AND

  1. THE STATE OF ANDHRA PRADESH, REP BY SPECIAL PUBLIC
     PROSECUTOR CID,   MANGALAGIRI, HIGH COURT OF A P
     AMARAVATI.520037

  2. AKKABATHULA PURNA SURESH, S/O CHINNARAO, AGED ABOUT
     35 YEARS, JOINT DIRECTOR, ACR CHITS,   KOWUR, WEST
     GODAVARI DISTRICT 534350

                                                ...RESPO
                                                ...RESPONDENT(S):

Counsel for the Petitioner:

  1. KALLA TULASI DURGAMBA

Counsel for the Respondent(S):

  1.

The Court made the following:
           THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

                  WRIT PETITION NO: 1354 OF 2026

ORDER:

-

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

"....to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus questioning the illegal seizure of the petition schedule property (lodge premises) by Respondent No.1 on 22.08.2025 without notice or opportunity of hearing to the Petitioner as lawful lessee, of the A.P. Protection of Depositors of Financial Establishments Act, 1999 (APPDFE Act), despite non consideration of receipt of representation, dated 06.11.2025, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently directing Respondent to release the seized property to Petitioner under Section 451 Cr.P.C on suitable terms by way of consider his representation 06-11-2025..."

2. Heard Mrs. Kalla Tulasidurgamba, learned counsel for the Petitioner and learned Special Public Prosecutor (CID) for the Respondent No.1.

3. Learned counsel for the Petitioner submits that the premises of the lodge of the Petitioner was illegally seized by the Investigating Officer (CID), Mangalagiri on 22.08.2025, without issuing any notice or affording any opportunity of hearing, though the Petitioner is a lawful lessee. It is submitted that the Respondent No.1 seized the above said property under A.P. Protection of Depositors of Financial Establishments Act, 1999 (for brevity APPDFE Act,1999). Even though a representation dated 06.11.2025 was submitted to Respondent No.1 for consideration, it was not disposed of.

4. Learned counsel for the Petitioner would submit that the Petitioner has filed a Petition under Section 451 of 'the Cr.P.C', before the Principal District and Sessions Judge-cum- Special Court to try cases under APPDFE Act, 1999 West Godavari District at Eluru in Crl.M.P.(SR).No. 2465 of 2025, dated 01.12.2025.

5. Be that as it may, since application has been filed before learned Trial Court, learned Trial Court is required to dispose of the application in accordance with law by affording sufficient opportunity to both sides within reasonable time, if it is otherwise not disposed of so far. The result of the Petition shall be submitted to the Registrar (Judicial).

6. With the above direction, 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.

_________________________ DR. Y. LAKSHMANA RAO, J Date: 29.01.2026 KK