Umashankar Victims Welfare Society, v. Prl. Secretary Home Dept. Hyd And 14 Others

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35990 OF 2016 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed seeking to direct the official respondents to attach the property of respondent Nos.5 and 6 i.e., Plot No.5 consisting of two industrial sheds in Sy.No.1/1 admeasuring 17188 sq.meters equivalent to 4.247 acres having plinth area of 6000 sq.feet with ACC Roof situated at Hardware Park, Kancha Imarath of Ravirala Village, Maheswaram Revenue Mandal, Ranga Reddy District from A.P. Industrial Infrastructure Corporation Limited under the registered sale deed bearing document No.137/2013, dated 10.1.2013, registered in the office of Sub-Registrar, Maheswaram, Ranga Reddy District.

2.

Heard and perused the material available on record. 3.

The main prayer of the petitioner is to direct the investigating agency to register a case against respondent Nos.5 and 6, as respondent Nos.5 and 6 collected huge amounts from the victims by fraud/cheating, and to attach the property belonging to respondent Nos.5 and 6.

4.

Considering the facts and circumstances of the case, this Court is of the view that when investigation is going on, this Court cannot direct the investigating agency to follow the procedure in which the investigation has to go on. Hence, this Court is not inclined to grant the relief sought for. However, as learned counsel for the petitioner submitted that the petitioner has already

submitted a representation to respondent No.3 on 19.7.2016 seeking the same remedy, this writ petition can be disposed of with the following direction:

Respondent No.3 is directed to consider the representation, dated 19.7.2016, of the petitioner and pass appropriate orders in accordance with law. 5.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

6.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 25.10.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35990 OF 2016 Date: 25.10.2016 AMD