M. Madanmohan Vs State of Andhra Pradesh

KANAKA DURGA FINANCE LTD, HAVING ITS REGD OFFICE AT AUTO NAGAR, 100 FEET ROAD, VIJAYAWADA - 520007, REPRESENTED BY ITS AUTHORISED SIGNATORY, SRI MAJJI ROSHI S/O KONDA, AGE 42 YEARS, OCC COLLECTION MANAGER, KANAKA DURGA FINANCE LTD, CORPORATE OFFICE, R/O H.NO 54-9-23, 100 FEET ROAD AUTO NAGAR, VIJAYAWADA - 520007 G.P.A HOLDER.

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BRANCH MANAGER, M/S KANAKA DURGA FINANCE CO. LTD, KURNOCI BRANCH, D. NO. 216, BIRLA COMPUND, SECOND FLOOR, SALVASANTHA COMPLEX, GOOTY ROAD, KURNOOL - 518002. REPRESENTED BY ITS AUTHORISED SIGNATORY, SRI MAJJI ROSHI S/O KONDA, AGE 42 YEARS, OCC COLLECTION MANAGER, KANAKA DURGA FINANCE LTD, CORPORATE OFFICE, R/O H.NO 54-9-23, 100 FEET ROAD AUTO NAGAR, VIJAYAWADA - 520007 G.P.A HOLDER.

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VASU COLLECTION MANAGER M/S KANAKA DURGA FINANCE CO LTD, KURNOOL BRANCH, D. NO. 216, BIRIA COMPUND, SECOND FLOOR, SALVASANTHA COMPLEX, GOOTY ROAD, KURNOOL - 518002. REPRESENTED BY ITS AUTHORISED SIGNATORY, SRI MAJJI ROSHI S/O KONDA, AGE 42 YEARS, OCC COLLECTION MANAGER, KANAKA DURGA FINANCE LTD, CORPORATE OFFICE, R/O H.NO 54-9-23, 100 FEET ROAD AUTO NAGAR, VIJAYAWADA - 520007 G.P.A HOLDER.

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B MAHINDRA FIELD OFFICER M/S KANAKA DURGA FINANCE CO LTD, KURNOOL BRANCH, D. NO. 216, BIRLA COMPUND, SECOND FLOOR, SALVASANTHA COMPLEX, GODTY ROAD, KURNOOL - 518002. REPRESENTED BY ITS AUTHORISED SIGNATORY, SRI MAJJI ROSHI S/O KONDA, AGE 42 YEARS, OCC COLLECTION MANAGER, KANAKA DURGA FINANCE LTD, CORPORATE OFFICE, R/O H.NO 54-9-23, 100 FEET ROAD AUTO NAGAR, VIJAYAWADA - 520007 G.P.A HOLDER.

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STATION HOUSE OFFICER, TALUK POLICE STATION, B.TANDRAPADU.KURNOOL.518001

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REGIONAL TRANSPORT OFFICER, B.TANDRAPAADU ,KURNOOL CITY.KURNOOL 518001

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...RESPONDENT(S):

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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 pass writ of mandumous under Article 226 of the Constitution of India by declaring ,the action of the respondents 2 to 5 as illegal arbitrary against the article 14 and 19 of constitution of india and set aside sale notice dated 28-02-2026 and 17-03-2026 consequently award the compensation to the petitioner, for the illegal seizure i.e from 12-02-2026, of the petitioners vehicle bearing Registration No. AP28 TC 6601, Model TATA LPT 3118 Tanker, and order for damages for causing financial loss and mental agony to petitioner

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IA NO: 1 OF 2026

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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 order to Stay all further proceedings pursuant to Sale Notice dated

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17.03.2026 by Restraining the respondents from auctioning or creating third party interest and Direct interim release of vehicle

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Counsel for the Petitioner:

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1.B SURYANARAYANA

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Counsel for the Respondent(S):

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1.GP FOR HOME

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The Court made the following:

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THE HONOURABLE SRI JUSTICE BATTU DEVANAND

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WRIT PETITION No.9848 of 2026

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ORDER: -

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This writ petition is filed against the action of the Respondent Nos.2 to 5 as illegal, arbitrary and against the Article 14 and 19 of the Constitution of India.

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Learned counsel for the petitioner would submit that he availed a hire purchase loan from the Respondent Nos.2 to 5 for purchase of a commercial tanker vehicle bearing registration No.AP28 TC 6601. Due to certain temporary financial constraints, there were some dues in paying the instalments. Without issuing any notice, respondent Nos.2 to 5 illegally seized the vehicle of the petitioner.

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Learned counsel for the petitioner submits that on earlier occasion also his vehicle was seized by the respondent Nos.2 to 5 illegally and he approached the Permanent Lok Adalat, Kurnool by filing P.L.A.C. No.32 of 2024 and the Permanent Lok Adalat passed an award, dated 22.10.2025 holding that the seizure of vehicle was illegal. Against the said award, the respondent Nos.2 to 5 filed W.P.No.36858 of 2025 before this Court and this Court ordered an interim stay of the Permanent Lok Adalat award.

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Learned counsel for the petitioner further contends that on 12.02.2026, respondent Nos.2 to 5 in a high-handed and illegal manner, forcibly seized the vehicle of the petitioner alleging certain dues. Aggrieved by the action of respondent Nos.2 to 5, the present writ petition is filed.

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The petitioner has impleaded the State of Andhra Pradesh represented by its Principal Secretary for Home, Station House Officer, Taluk Police Station, B. Tandrapadu, Kurnool and Regional Transport Officer, B. Tandrapadu, Kurnool City as respondent Nos.1, 6 and 7. But when the Court asked the learned counsel for the petitioner about any grievance raised against them and any complaint made to them, learned counsel for the petitioner answered that the petitioner orally complained to the police against the illegal seizure.

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Admittedly, no material available on record to show that he made any complaint to the police against any illegal action of the respondent Nos.2 to 5. Admittedly, the main relief sought in this writ petition is against the respondent Nos.2 to 5, who are the private parties.

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It is settled law that the writ petition does not lie under Article 226 of the Constitution of India against the private parties. Following the said principle, in our considered view, this writ petition is not maintainable, which was filed against the respondent Nos.2 to 5, who are the private parties.

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