Sri Badarayana Swamy Temple Trust v. The Chief Manager,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.21697 OF 2019 ORDER:

Heard the learned counsel for the petitioner, Sri M.Srikanth Reddy, learned counsel for respondent No.1 and Sri Maloji Rao, learned counsel for respondent No.2 This writ petition is filed seeking the following relief :- "...............Writ of Mandamus declaring the action of Respondent No.1 in freezing the Bank Account No.10043458592 of the Petitioner Trust on the basis of letter addressed by Respondent No.2 dated 29.04.2019 without conducting any enquiry and without asking Respondent No.2 produce proof of misappropriation by any statutory authority for proceeding further i.e., freezing of Account No.10043458592 and also not giving any opportunity to the petitioner Trust after receiving letter from Respondent No.2 and without issuing any notice to the petitioner Trust before freezing Account No.10043458592 as illegal, arbitrary, without jurisdiction and beyond scope of Banking Regulation Act and consequently direct the Respondent No.1 to defreeze the account of the Petitioner Trust bearing A/c. No.10043458592, SBI, MG Road, Secunderabad, and pass such other............"

When the matter is taken up for hearing, learned counsel for the petitioner had contended that the 1st respondent had freezed the accounts of the petitioner at the instance of the 2nd respondent though he has no authority to do so. Learned Standing counsel appearing for the 1st respondent had contended that the petitioner would be permitted to operate the accounts subject to submitting a resolution afresh to the family members of the concerned trust. However, since the

petitioner had already submitted resignation letter to the 1st respondent, the 1st respondent would act on the same, accordingly.

Recording the submission of leaned counsel appearing for the 1st respondent, this writ petition is closed. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ________________________________ ABHINAND KUMAR SHAVILI, J Date: 02-03-2020 dv