✦ High Court of India · 28 Mar 2025

High Court · 2025

Case Details High Court of India · 28 Mar 2025
Court
High Court of India
Decided
28 Mar 2025
Bench
Not available
Length
1,080 words

2. P. Srinivas, S/o. SiddaRamulu, Aged.59 years, Occ. Business, Ri/o. H. No.5- 5-214,Yivekanand a Street, Kamareddy, Telangana- 503'1 11

3. Thankari Sridhar, S/o. T. Rajaiah, Aged. 39, years, Occ. Business Splendid Apqma Palm Meadows, Villa No. 174, Kompally, Hyderabad, Telangana- 500014 AND ...PETITIONERS

1. The Union of lndia, Rep by its Secretary of Home affairs, Ministry of Home affairs, North Block, New Delhi-1 10001.

2. The State of Telangana, Rep by its Principal Secretary, Home Department, Secretariat Building, Saifabad, Hyderabad.

3. The Central Bureau of lnvestigation, Rep by its Director, CGO Complex, near Jawaharlal Nehru Stadium in New Delhi.

4. The Deputy lnspector of General,, Head of Branch Central Bureau of lnvestigation, Bank Securities and Frauds Cell, 36, Bellary Road, Ganganagar, Bangalore- 560032

5. Deputy Superintendent of Police, Central Bur.eau of lnvestigation (CBl), BS FB, No. 36, Bellary Road, Ganganagar, Bangalore - 5UOOa1..*aTPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the, affidavit filed therewith, the High Court may be pleased to issue a writ, order or a direction, particularly one ih the nature of writ of mandamus declaring that the inaction of the Respondents for not considering the representation made by the Petitioners on 18.03.2024, for relurn the following Original Registered Sale Deed No. 1403/1987 executed by the Andhra Pradesh Industrial lnfrastructure Corporation limiied, Hyderabad (Hereinafter referred to as A.P.l.l.C) in favour of Sri Khanji and Ors on 30.08.1986 at SRO, Nizamabad, the Property Documents taken by the lnvestigation Officer during the lnvestigation is illegal, arbitrary and unconstitutional and consequently direct the Respondents to revoke the lookout notices issued against the Petitioners, in C.C No. 8014 of 2023 before XXI Additional Chief Metropolitan Magistrate cum Spl. Sessions Court, Hyderabad. lA NO: 1 OF 2024 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 to direct the respondents to revoke the lookout notices issued against the Petitioners, in C.C No. 8014 of 2023 before XXI Additional Chief Metropolitarr Magistrate cum Spl. Sessions Court, Hyderabad, pending the final disposal of the main Writ Petition. Counsel for the Petitioners: SRI V.RAJENDER RAO Counsel forthe Respondent No.1: SRI GADI PRAVEEN KUMAR, Dy.. SOLICITOR Counsel for the Respondent No.2: GP FOR HOME Counsel for the Respondent Nos.3 TO 5: SRI SRINIVAS KA,PAT|A, SC FOR CBI GEN. OF INDIA The Court made the lollowing: ORDER HON'BLE SRIJUSTICE T. VTNOD KUMAR WRIT PETITION No.14903 of 2024 ORDER: Heard leamed counsel for petitioners, leamed Deputy Solicitor General of India appearing on behalf of respondent No.l, leamed Govemment Pleader for Home appearing on behalf of respondent No.2 and Sri Srinivas Kapatia, leamed Standing Counsel appearing on behalf of respondent Nos.3 to 5, and perused the record. With the consent of the leamed counsel appearing for the respective parties, the writ Petition is taken up for hearing and disposar at admission stage.

2. Shorn of uffiecessary details, the case of the petitioners in brief is that though, they had approached the respondents by submitting representation dated 18-03-2024 seeking retum of the original sare deed bearing Doc.No.l403l19g7 executed by the Andhra pradesh Industrial Infrastructure Corporation Limited, Hyderabad (for short 'APIIC') in favour of Sri Khanji and others on 30_0g_19g6 at SRO, Nizamabad, seized by the respondent authorities, the same is not being returned to the petitioners and also the respondent authorities are not revoking the Look Out Notice issued against the petitioners in connection with C.C.No.8 014/2023 on the file of the XXI Additional Chief Metropolitan Magistrate-cum-Special Sessions Court, I I 2 Hyderabad, which action it is contended as highly illegal, arbitrary, unconstitutional and in violation of Articles 14,2l and 300-4 of the Constitution of India.

3. Per contra. leamed Standing Counsel appearing on behalf of. respondent Nos.3 to 5 would submit that the document viz., sale deed bearing Doc.No.140311987 said to have been executed by APIIC in favour of Sri Khanji and others was seized by the respondent authorities in connection with the investigation into crime vide CC.No.80l4/2023 from State Bank of India, L.B. Nagar Branch in the year 2017 and the authorities have retumed the aforesaid document back to the Sate Bank of India, L.B. Nagar Branch on 05-ll-2024 since the same was seized from the custody of the said Bank.

4. Insofar as the revocation of Look Out Notice against petitioners is concemed, leamed Standing Counsel would submit that the respondent authorities have addressed a communication dated 18-05- 2020 to the Bureau of Imrnigration, Ministry of Extemal Affairs, Govemment of India informing the authorities to revoke the Look Out Notice issued against the petitioners, and the authorities ofBureau of Immigration, acting upon the communication of respondent authorities, have deleted the names ofthe petitioners on 29-05-2020. v 3

5. The aforesaid submission made by the leamed Standing Counsel appearing on behalf of respondent Nos.3 to 5 is placed on record. 6' Having regard to the submissions made as above, since the registered sale deed bearing Doc.No.l403119g7 has been retumed to the State Bank of India, from whose custody it was seized by the authorities in connection with C.C.No. g}l4/2023 and also that the Look Out Notice issued against the petitioners having revoked on 29-05-2020, this Court is of the view that the grievancb of the petitioners in the present writ petition stands redressed and no further orders are necessary.

7. Accordingly, the Writ petition is closed. No costs. 8 Consequently, miscellaneous petitions, if any pending shall stand closed. //TRUE COPYII SD/.V.KAVITHA UTY REGISTRAR D ECTION OFFICER To 1 . One CC to SRI V.RAJENDER RAO, Advocate IOPUCI 2. One CC to SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GEN. OF INDIA 3. One CC to SRI SRINIVAS KAPATIA, SC FOR CBI [OPUC] 4. Two CCs to GP FOR HOME, High Court for the State of Telangana, at IoPUCI Hyderabad. [OUT]

5. Two CD Copies PSK. LS W HIGH COURT DATED:28103'12025 ORDER WP.No.14903 of 2024 iEY\1 TAr€ ) c o 15 APN ?Itr z o t Dt s P /\T cHt CLOSING OF THE WRIT PETITION WITHOUT COSTS @ \^ t\

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