Writ petition seeking release of seized property document due to husband's heart surgery was disposed at admission stage directing approach to special ACB court.
Petition disposed at admission; liberty to approach specialized ACB court for relief.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE B. V. L. N. CHAKRAVARTHI WRIT PETITION NO: 19561 OF 2024
Between:
aged about 53 years, R/o. Flat No 102 Green Life Apartment, Autonagar, D Block, BHPVP Visakhapatnam. ...PETITIONER AND
...RESPONDENTS
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 issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondents 2 to 4 herein in not release the seized residential property bearing Plot NO.23, admeasuring 200 sq.yards, 2nd ward. 7 Block in Sy.No. 115-1 situated at Velamavari street, Bobbili village and Mandal Vizianagaram District having purchased the same by me with my own funds vide registered sale deed dt.25-05-2010 vide regd.document NO.2887/2010 which was attached by order dt. 17- 01-2020 in CrI.MP No.59/2020 in Cr.NO.11/RCA-ACB-VSP/2017 the file of the Special Judge
for ACB cases cum III Addl.District Judge, Visakhapatnam with reference to the item No.3 of Annexure No.2 of the list of properties by virtue of - earlier order dt.27-06-2023 in WP No.26500 of 2022 as wholly arbitrary, ^illegal and without jurisdiction and void and violated the principles of natural justice and affected my rights guaranteed under article 14, 19(1)(g), 21 and 300A of Constitution of India and consequently, direct the respondents 2 to 4 herein to release the registered sale deed bearing document No.2887/2010 dt.24-05-2010 for Plot No.23, admeasuring 200 sq.yards, 7th Block in Sy No 115 -1 situated at velamavari street, Bobbili Village and Mandal Vizianagaram District, for the purpose of heart surgery operation of my husband M.Sankara Rao who suffered from heart disease.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 to 4 herein to release the property document bearing document No.2887/2010 dt.24-05-2010 which is her acquired property as item No.3 of Annexure 2 of the enquiry report on any condition with reference to the case in Crime N0.11-RCA-ACBVSP/2017 on the file of the Special Judge for ACB cases cum III Addl.District Judge, Visakhapatnam for the purpose of heart surgery operation to her husband M.Sankara Rao pending disposal of the writ petition.
Counsel for the Petitioner ; SRI V. ESWARAIAH CHOWDARY Counsel for the Respondent No.1 : GP FOR HOME
Counsel for the Respondent Nos.2 to 4 : SMT. A. GAYATHRI REDDY, SC FOR ACB The Court at the stage of admission made the following:ORDER
r
APHC010319642024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3368]
TUESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 19561/2024
Between:
Smt.Majji Sujatha ...PETITIONER
AND
The State of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
Counsel for the Respondent(S):
1.GP FOR HOME
The Court made the following:
ORDER:
This Writ Petition under Article 226 of the Constitution of
India is filed for the following relief:
" ... to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction order or orders declaring the action of the
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respondents 2 to 4 herein in not release the seized residential property bearing Plot No. 23, admeasuring 200 sq.yards 2"^^ ward, Block in Sy. No. 115-1 situated at Velamavari Street, Bobbin village and Mandal, Vizianagaram District having purchased the same by me with my own funds vide registered sale deed dt. 25.05.2010 vide regd.document No. 2887/2010 which was attached by order dt.17. 01.2020 In Crl.MP.No.9/2020 in Cr.No. 11/RCAACB-VSP/2017 on the file of the Special Judge for ACB cases cum III Add!. District Judge Visakhapatnam with reference to the item No. 3 of Annexure No. 2 of the list of properties by virtueof earlier order dt.27.06.2023 in WP.No.26500 of 2022, as wholly arbitrary, illegal and without jurisdictionand void and violated the principles of natural justiceand affected my rights guaranteed under article 14, 19(V(9)> 21 and 300A of Constitution of India and consequently, direct the respondents 2 to 4 herein to release the registered sale deed bearing document No. 2887/2010, dt. 24.05.2010 for Plot No. 23, admeasuring 200 sq yards, 2""' Ward, 7'^ Block in Sy. No. 115-1 situated at Velamavari Street, Bobbin Village and Mandal, Vizianagaram District for the purpose of heart surgery operation of my husband M. Sankara Rao who suffered from heart disease and pass such other and further order or orders as this Hon’ble Court may deefns fit and proper in the circumstances of this case and to pass..."
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- Smt. A.Gayathri Reddy, learned Standing Counsel for ACB cum Special Public Prosecutor would submit that the ACB/police attached the said property under Section 3 of Criminal Amendment Act, 1944 and therefore the petitioner has to approach the learned ACB Court for necessary orders if she is aggrieved by the attachment.
- Considering the above facts and circumstances, this Court is of the considered opinion that the writ petition can be disposed of at the stage of admission, with an observation that the petitioner is at liberty to approach the learned Special Judge for ACB cases-cum-lll Additional District Judge, Visakhapatnam,for
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necessary relief as per the provision for the aboveordinance. On filing of such application, learned ACB Court shallconsiderand dispose of the application as expeditiously as possible preferably
within a period of four (04) weeks thereafter.
- Accordingly, the Writ Petition is disposed of at the stage of admission. There shall be no orders as to costs.
As a sequel thereto, the miscellaneous petitions, if any.
pending in this Writ Petition shall stand closed.
SD/- SHAIK MOHD. RAFI //TRUE COPY// ASSISTANT REGISTRAR
To,
^ SECTION OFFICER
Cnr
HIGH COURT
DATED:10/09/2024
ORDER
WP.No.19561 of 2024
o.
03
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'■X'S' . Currcal Secilon
^OeSPATCHtS^
DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS
Smt. Majji Sujatha
The State of Andhra Pradesh
B. V. L. N. Chakravarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
