The High Court · 2025

: Petition under:Section 151 CPC praying that in the circumstances stated ;in the affidavit filed ih support of the petition, the High Court may' be pleased to permit the petitioner to file the additional afiidavit in view of tne subsequent developments. IA NO: zoF 2021 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 dispose off the main Writ Petition as prayed for and in view of the undertaking :,:'given by the polic'e in its counter affidavit Dt:23l1212016. lA NO: 3 OF 2021 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 prays that this Hon'ble Court allows the above application and post the matter to any nearest and convenient date to this Hon'ble Court. nsel for the Petitioner: SRI P. VENUGOPAL SENIOR COUNSEL i RFPRESENTING FOR SRI. VENKATESHWAR VARANASI I for theiRespondent Nos.1 to 6: GP FOR HOME for the Respondent No.7: P SRI HARSHA REDDY 2023

1. Potharaiu Narsimha, S/o. Late Pullaiah, Aged about 69 years' Occ'-Business' ' hil.'ii.i6.;_10-7islb7siz, Siranirtr J cordnv, NalgondaTown and District. ' R,J"r:',tXi'r3:,;g3,#r,'3$1[TfJA"iJlrlR?iJj;'.'""f1ilf;j;iaB?s,",,:Y'"' ...PETITIONERS AND

5. The State of Telangana, Rep. by its Principal Secretary' Home Department' Secretariat Hfrerabad. The Superintendent of Police, Nalgonda District' The Station House Officer, P.S. Nalgonda l-Town, Nalgonda District' The Sub-lnspe&oroffolice, l-Town Police Station Nalgonda' Nalgonda District. Smt. Madavarapu Sridevo, W/o: Venkateswara Rao-' Aged about 67 yeali'... 6Hi ii;G.;iliibEiiior citi=en, nio. n.tto.+-to-602, A--bbasiva Colonv' DVK noiO, f.{atgonOa Town and District' TS' (R5 impleaded as per C.O. Dt: 01'09'2023, in l'A No'3 of 2023l ', : ...RESFOND.ENTS 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 pleasedtoissueanappropriateWrit,orderorDirectionmoreparticularlyonein the nature of writ of Mandamus declaring the action of the Respondent No 2 hereininnotactinguponpetitionercomplaintandrepresentation,dated 07.02.202g, seeking. to.direct the Respondent No 3 to hand over the keys of Sri SaiComplexandhandoverthearticlesseizedfromthemfortheirinterimcustody as per the orders.rf :the .Honlble High Court in Crl'P'No'6435 of 2019 dated.2l,ol.202zan$thedirectionoftheHon'blePrl.JuniorCivilJudge-Cum Judicial Magistrate oi First Class' At Nalgonda vide Dis' No j3202022 ' dated 17- ,12-2o22andalsoseekingpoliceprotectionasbeingillegal,arbitraryandviolative ofArticle14and2lpttheconstitutionoflndiaandtheactionoftheRespondent No.3 herein iil illegdly harassing the Petitioners herein by not handing over the keysoftheshopofihePetitionersinwhichthearticlestobereleasedarekept' which defeats the puipose of being granted interim custody as being illegal' arbitrary, discriminatory and without the application of mind and in violation of Articles 14 and 21 of,ifie Constitution of lndia' lA NO: 1 OF 2023 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 Respondent No.3 herein to hand over the keys of the Sri Sai Complex, pending disposal of the writ petition. lA NO: 2 OF 2023 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 Respondent No.2 herein to consider the Petitioners Representation dated.07.02.2023 seeking direction to hand over the keys of the Siri Sai Complex and seeking police protection, pending disposat of the writ petition lA NO: 4 OF 2023 i 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 Official Respondents 4 to 6 Police to take back the keys from RespondenU Writ Petitioner No.1 and hand over the Keys of the subject property to the Petitioner/ Respondent No.S herein as per the Counter Affidavit filed by them in W.P No.44118 of 2016 Dated23.12.2.016 by implementing the orders passed in W.P No.441 1 8 of 2016 Dated 19.1 1 .2021 . Counsel for the Petitioners: M/S AYESHA SABA Counset for the Respondent Nos.1 to 4: GP FOR HOME Counsel for the Respondent No.5: SRtY. SUDHAKAR RAO The Court made the following: COMMON ORDER -'"_-

9.r .: HON'EIIE SRI JUSTICE C.V. BHASI(AR REDDY WRIT PETITION Nos.44L18 of 2OL6 and 4987 of 2o23 COMMON ORDER: (: W.P.N'frfl4118 of 2016 is filed seeking the following relieft- .,,,1.. "to iss& anrappropriate Writ, Order or Direction more particularly one in the nature of Writ of Mand.amus declaring the action of the respondent I,[os.4 to' 6 in locking of the petitioner's shop bearing,No. 5-5- L I L7 and 5-5- 1 16 (old No'5-4-91, plot Nos. L28 to 137 situated at Old Collectorate Road, Nalgonda town without issuing any notice is illegal, void, arbitrary and contrar5r to the principles of natural justice and violative of articles of Constitution of India and consequently direct the respondents to hand over the keys of the petitioner's shop bearing No. 5-5- I / 17 and 5-5- 116 (old No.5-4-9), plot Nos.128 to L37 situated at OId Collectofate Road, Nalgonda town to petitioner..." I

2. W.P.No.4987 of 2023 is frled seeking the following relief:- "to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent 2 CVBR, J Wp_a4l18 2016 arfr4987 2023 ir ,lt' ' r:J ,i Yz''F! ft.g:m hereirrrilln not acting upon petitioner's No.2 complaint and representation dated OT.O2.2O2.3 seeking to direct Respondent No.3 to hand over the keys of Sri $Ai Complex and handover the article:s for their interim custody as per seizecl from the orders of the Hon'ble High Court in CrI.P.No.6435 of 2OL9 dated 28.OT.2O22 and tht: direction of the Hon'lole Prl. Junior Civil Judge- cum-.Iudi"ii*ft3gi;;..te of First Class, Nalgonde, vide Dis.No. J32O/2022 dated LT.12.2022 and alsc seeking police protection as being illegal, arbitrary and violative of Articles 14 and 2I of the Constitutionlrbf India and, the action of Respondent No.3 herein in illegally harassing the petitioners herein by not handing over the keys of the shop of the Petitioners in which the articles to be released a-re kept whi-ch defeats the purpose of being granted rntetrm custody as being illegal, arbitraqr, discriminatoryr,:and without the application of mind and in violation of Articles 14 and 2L of the Co n s ti tu tio rr,h?.fna ia. . ." '{- ", ,. .r :'. )i' ,i! 3 Since the futitioner in W.p.No.4411g of 2Ot6 is respondent No.5 in w.P.No.498T of 2023 and respondent No.7 in w-P-No44118 of 2016 is petitioner No.1 in w.P.No.4987 of ?;C23 and the issue involved in both the , ,.: t 3 CVBR, J Wp-44 t 18 20 16 and 4987 _2023 writ petitions is one and the s€une, th.y are being disposed of by way of this common order. 4- Brief facts, which are not in dispute in both the writ petitions, are that the petitioners in w.p.No.49gz of 2023 are running chit fund business under the name and style "Sri'Sai GhitrF.r*Rds..and Finance" in Nalgonda Town. The de facto complainant in crime No.13 of 2016 is the member of the chit fund group run by the petitioners in W.P.No.4987 of 2023. On the complaint given by the de facto complainant, a case in Crime No.13 of 2016 has been registered against the petitioner and after completion of investigation, a charge sheet has been filed which was taken cognizance as c.c.No.433 of 2or8 on the file of the Judicial Magistrate of First class, Nalgonda. During the course of investigation, the Investigating officer has seized the crime property. The petitioners in w.p.No.498z of 2023 stated to the police that they are running a big steel shop in Nalgonda Town and the said business has nothing to do with the chit fund business and the amount pertaining to the chit fund business was never invested in the steel shop I I ! I 4 CVBR, J Wp_.14 I I 8_20 l6 rmd 4987_2023 business, and therefore, requested to release tJ:e 1:roperty seized in Crime No.13 of 2016. Since the said property was seized under Section 5 of the A.P. Protection of Depositors of Financial' Establishment Act, 1999 (for short ..the Act"), the same was not released by the Investigating Officer, which necessit4ted the petitioners to file arl application before the Judicial Magistrate of First Class, Special Mobile Court, Nalgonda uide Cr1.M.P.No.2O2 of 2019. It is stated that the said application was dismissed rzde order, dated

16.O7.2019 and aggrieved by the same, the petitioners filed Criminal Petition No.6435 of 2Ol9 before this Court and this Court allowed the same utde order, dated 28.02.2022. While setting aside the order, dated 16.0Z.2019 passed in Crl.M.P.No.2O2 of 2Ot9 in C.C.No.433 of 2018, this Court directed the trial Court to assess the value of the property seized with.the help of appraiser, an expert in assessment of the value of the articles seized and after ascertaining its value, the said articles to be released in favour of the petitioner rfor interim custody on execution of a bond equivalent to the value of the articles seized, along with two 5 CVBR, J Wp_44 I I 8 20 l6 alt 4987 _2021 sureties with an undertaking that they would deposit the value of the seized articles in the Court, in case if ultimately the Court finds that the petitioner is guilty and if the Court decides to confiscate the property under the provisions of the Act.

5. Sri P.Venugopal, learned Senior Counsel representing Sri Venkateshwari Varanasi, learned counsel for the petitioners in W.P.No.44118 of 2OL6, has vehemently contend.ed that evCn prior to registration of the crime, the property was purchased by the petitioner in W.P.No.44118 of 2016 under a registered sale deed bearing document No.13998 of 2OL5, dated 20.11.2015 and she is the absolute owner of the said property. Learned Senior Counsel further submitted that there are disputes between the petitioner inW.P.No.44118 of 2016 and the petitioners in W.P.No.4987 of 2023 with regard to the title and possession over the subject property, which has been admittedly seized by the police, by exercising the powers under the provisions of the Act. Pending adjudication of '! 1,.- ' the proceedings before the Judicial Magistrate of First 6 CVBR, J Wp_44 1 l 8_2016 and 4987_2021 Class, Special Mobile Court and also the suit uid-e O.S.No.263 of 2Ol9 on the lile of the IV Adclitional District Judge, Nalgonda, being instituted by the petitioners in W.P.No.4987 of 2023 disputing the tifle of the petitioner in W.P.No.44118 of 2016, the petitioners in W.p.No.498Z of 2023 submitted a representation before the Superintendent of Police, seeking to hand over the keys. Learned Senior Counsel further contended that the keys which are in the custody of the police is not the subject matter of the said suit instittrted by the petitioners in W.p.No.49gT of 2023 seeking cancellation of sale deed dated 2O.LI.2OIS bearing document No. 13998 of 2015, executed in favour of the petitioner in W.P.No.44118 of 2016 and. as such, handing over of the keys to the petitioners in W.p.No.49g7 of 2023 does nd+.,-arise tha.t tco pending adjudication of the civil suit.

6. Sri V.Raghunath, learned Senior Counsel representing Ms. Ayesha Saba, learned counsel appt:aring for the petitioners in W.P.No.498Z of 2023, has vehemently contended that the keys of the subject property is in the 7 CVBR, J Wp_441 18 2016 and 4987 2023 custody of the superintendent of police, and therefore, th"y made a representation to the superintendent of police to hand over the ti.y" to them for release of the articles seized in Crime No.13 pf 2O16.

7. In view of the above submissions, this court, without going into the - $isputed questions relating to the suit schedule property in o.s.N o.263 of 2019 on the file of the IV Additional District Judge, Nalgonda or in c.c.No.433 of 2or8 on the file of the Junior civil Judge - cum Judicial Magistrate of First class, Nalgonda. or handing over of the keys to either of the parties pending adjudication of the suit, deems it appropriate to direct the petitioners in w.P.No.4987 of 2023 to hand over the keys to the superintendentof Police, who in turn shall deposit the keys before the Junior civil J"ag" - cum Judicial Magistrate of First class, Nalgonda. to enable the said court to comply with the directions issued by t].is court in crl-P.No.6435'"bf QoLg, dated 2g.or.2022 for releasing the i articles in favour of the petitioners in w.p.No.49gr of 2023. The keys depgsitg{ before the Junior Civil Judge - Cum L ! I 8 CVBR, J Wp__44 I I 8 20 16 and 4987 J023 Judicial Magistrate of First Class, Nalgonda. shall remain in the custody of the said Court.

8. With the above observations, both the Writ Petitions are disposed oT. There shall be no order as to costs. f

9. As a sequ.el, the miscellaneous petitions pending, if any, shall stand'elosed SD/.A.V.S. PRASAD DEPUTY REGISTRAR Note: That the Word Read as "Judicial Magistrate of first class, Special Mobile Court, Nalgonda" ?t Paragraph tto.Z in order dated 23.02.2024 in W.P.No.44118 of 2016 and 4987 of 2023 is deleted and substituted as "Junior Civil Judge-Cum'J0dicial Magistrate of First Class, Nqtg-ol{q as P9! -Hon'ble Coirt order dated 25.11.2025 in l.A.No.1 of 2025. This amended order s[all substitute the earlier order which has already been dispatched on 15.04-2024. //TRUE COPY// I SD/.A.V.S. PRASAD DEPUW REGISTRAR 6SECTION OFFICER To, 1 2 3 4.

5. 6. 7. 8. One CC to Sri 9. One CC to Sri 10.One CC to Sri 11.Two CCs to GP for Home, High Court for the la, Advocate of elangana, at Hyderabad [OUT] l2.fGludiciaitrrtagistrate of First Class, Special Mobile Court, Nalgonda 13.Two CD Copies LS TJ \+, ! HIGH COURT ATED:2310212024 25.11.? 25 o ( * (Ir::,\Li 14: 03 rc 2g6 ) ':ri.. T -, 1,,1 AMENDED COMMON ORDER lT PETITION Nos. 44118 of 2016 and 4987 ot 2023 DISPOSING OF BOTH THE WRIT PETITIONS cUo