G.Narsing Rao v. The Principle Secretary

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.18117 OF 2019 ORDER:

This writ petition is filed with the following prayer: "...... to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent No.4 to implement the orders passed in Crl MP No.68/2018 dated 05-07-2019 while pendency of investigation in Crime No.152/2018 on the file of Respondent No.2 is illegal and arbitrary and un constitutional against the principles of natural justice, and consequently direct the respondent No.3 to register the Crime in respect of acknowledgment on 28-12-2017 vide No.HYD/281217/02738 PS Chilkalaguda, Secunderabad issued by respondent No.3 and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case."

Admittedly even according to learned counsel for the petitioner, the petitioner has alternative remedy under Section 17 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and more so, the petitioner is seeking stay of order dated 05-07-2019 in Crl.MP.No.68 of 2018 but the said order is not challenged in the writ petition except seeking declaration of action of respondents in implementing the said orders as illegal and arbitrary. In view of the same, I do not see any reason to entertain the writ petition.

Accordingly, the writ petition is disposed of granting liberty to the petitioner to avail alternative remedies available to him. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 29-08-2019 Nvl