High Court · 2025

Judgment

2. J. 4 The State of Telangana Rep. by its Chief Secretary, Secretariat, Hyderabad The District Collecter, Mahabubnagar district, at [Vlahabubnagar.

Sri R K Meena, lPS, The then Superintendent of Police, [\ilahabub Nagar Diskict, Ir/ahabubunagar, Now working as APIG, Chilkur, Hyderabad Sri Madhusudan Rao lAS, The then District Collector, lvlahabub Nagar District, Mahabubnagar. Now working Commissioner and Director of Agriculture, Government of AP, Basheerbagh, Hyderabad ...RESPONDENTS Petition under Article 226 ot 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 direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondent. No. 1 and 2 in not taking suitable action against the Respondent No.3rd and 4th by considering the representations of the petitioners Dt. 09-11-2014, 1O-11-2O14 and 29-01-2015 and not paying Rs.50,00,000 to words compensation to the petitioners, as illegal, arbitrary, violate of article 14,19 and 2 lof Constitution of lndia and against the principals of natural juslice consequently to direct the respondent.No.l and 2 to take suitable action against the Respondent No.3 and 4 by considering the representations of petitioners Dt. 09-1 1-2014,10-11-2014 and 29-01-2015 and to pay Rs.50,00,000 to words compensation to the petitioners.by conducting proper enquiry ,7 l.A. NO:1 oF 2015(W PMP. NO: 39540 oF 2015) Petition under section 151. cpc praying that in the circumstances stated in the affidavit fired in support of the petition, ti" rirgt court may t"-pL"."i'r" direct the respondent. No .1 and 2 to take suitaote action against the Respondent No. 3 and 4 by considering.the..representationlo] f,etitioners Dt. 0g_1 1_2014, 10- 11-2014 and 29-01-2015 forthwith pending Oisposat-ot writ petition Counsel for the petitioners: SRt. CHALLA SR|NIVASA REDDY Counsel for the Respondent No.1: Gp FOR GENERAL ADMINISTRATION Counsel forthe Respondent Nd.2: Gp FOR REVENUE Counsel for the Respondent Nos.3&4: __ The Court made the following: ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETIT ION No.3 0603 of 2015 ORDER: i Heard Dr. Challa Srinivas Reddy, learned counsel lbr petitioners and learned Govemment pleader for General Administration Department and leamed Assistant Govemment Pleader for Revenue.

2. This Writ Petition is filed seeking ro declare the aption of respondent Nos.l and 2 in not taking suitable action against respondent Nos.3 and 4 by considering petitioners, representations dated 09.1 1.2014, I 0. I 1.20 I 4 and 29.0 l.2Ol5, and not paying Rs.50,00.000/- towards compensation to petitioners as illegal.

3. Perusal of the record would reveal that petitioners are the members of Vahini Educational Society, which started and running Jayaprakash Narayan Engineering College. Vahini Finance & Chit Fund private Limited is its sister concem. On the complaints of depositors, r,itle G.O.Ms.No. ll2, clated

26.06.2003, 1" respondent appointed 4,r, respondent, the then 2 KL, J lv P No 30603 of 2015 District Collector of Mahabubnagar as competent authority under the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999, as amended by Act 12 of 2003, to take action in the matters of M/s.Vahini Finance & Chit Fund Private Limited. In pursuance of the said G.O., vide proceedings dated 18.10.2003, 4'r' respondent, in the capacity of Collector and District Magistrate of Mahabubnagar, with the help of 3'd respondent, the then Superintendent of Police, Mahabubnagar, has attached the properties of aforesaid Chit Fund Company as well as petitioners, who are claiming to be the Directors of aforesaid Chit Fund Company. Therefore, petitioners have submitted aforesaid representations dated

09.11.2014, 10.11.2014 and 29.O1 .201 5 to respondent Nos.l and 2 with a request to take action against respondent Nos.3 and 4. Despite receiving and acknowledging the said representations, respondent Nos.l and 2 did not act upon the same. Aggrieved by the said inaction of respondent Nos.l and 2, petitioners filed the present Writ Petition. , --------7,' 3 ,." ,..ruo. ,5oti3

4. Though it is the contention ol.petitioners that they have submitted aforesaid representations to respondent Nos.l and 2, they have not filed any proof of delivery of the same on respondent Nos.l and 2 except filing postal receipt pertaining to 2nd respondent. However, the said postal receipt is not a proof of service and it is only a proof of postage.

5. During the course of hearing, it is brought to the notice of this Court that during pendency of the present Writ petition, l't petitioner died. Even then, other petitioners have not taken steps to bring the legal heirs of 1., petitioner on record.

6. As discussed supra, according to petitioner s, vide proceedings dated 1g.10.2003, their properties were attached by 4"' respondent, the competent authority appointed by l't respondent vide G.O.Ms.No.l72 dated 26.06.2003. If the petitioners are aggrieved by proceedings dated 1g.10.2003, they have to challenge the same and take steps to release the attached properties, but, they cannof submit representations to respondent Nos.l and 2 with a request to take action against I I 4 KL. J w P.No 30603 ol 20 l5 respondent Nos.3 and 4 and file the present Writ Petition alleging non-consideration of the same. They have not filed copy of G.O.Ms.No.172 dated 26.06.2003 to substantiate their contentlons.

1. ln the light of the above, petitioners are not entitled tbr any relief much less the relief sought ln the present Writ Petition. Therefore, the Writ Petition is devoid of merit and is liable to be dismissed

8. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs Miscellaneous applications, if any pending, shall stand closed //TRUE COPY// SD/. T. JAYASREE DEPU TY REGISTRAR SECTION OFFICER vocate [OPUC]

1. One CC to SRl. CHALLA SRINIVASA REDDY Two CCs to GP FOR GENERAL ADMINISTRATION'High Court for the State of Telangana. [OUT] Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] Two CD Copies To, Z 3

4. KKS GMN F.4' HIGH COURT DATED:2010312025 3 l HE S14 14: t e5 i 24JUll zffi ORDER WP.No.30603 of 2015 t 9c DISMISSING THE WRIT PETITION WITHOUT COSTS @+*u )4 \