IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 25931 of 2000 Between: 1 B.Hanumahtha Rao, S/o. Bhemaiah, H.No.62, SRT Quarters, Vidyanagar, Hyderabad - 500 044 2 G.Chandra Sekhar, S/o. Dharma Rao, H.No. 3-1-538, Kachiguda, Hyderabad - 500 027 3 S.V.Mohan Prasad, S/o. Subbarauyudu, Andhra Bank, Bagh Amberpet Branch, Bagh amberpet, Hyderabad - 500 013 4 Hanumantha Rao Pola, S/o. Nageswara Rao, H.No.2-3-64/17, C.P.L.Road, Thirumala Nagar, Main Road, Amberpet, Hyderabad - 500 013 ..... PETITIONER(S) AND 1Government of Andhra Pradesh, Rep. by its Secretary, Home Department, Secretariat, Saifabad, Hyderabad. 2The District Collector, Hyderabad, Hyderabad District. 3The District Collector, Hyderabad, Ranga Reddy District. 4The District Collector, Mahaboobnagar, Mahaboobnagar District. 5The Commissioner of Police, Hyderabad. 6The Circle Inspector of Police, Narayanaguda, Hyderabad, Andhra Pradesh. 7The Commissioner of Police, Visakhapatnam. 8K.Narsimha Rao, S/o. K.Ramachandraiah, Mamatha Chit Fund Private Limited, and Saritha Financiers, House No.3- 5-944/222 and 223, Panchavathi Mall, Opp: Taj Mahal Hotel, Narayanaguda, Hyderabad - 29 9K.Pramila, W/o. K.Narasimha Rao, and Saritha Financiers, House No.3-5-944/222 and 223, Panchavathi Mall, Opp: Taj Mahal Hotel, Narayanaguda, Hyderabad - 29 .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ or order or direction particularly one in the nature or writ of Mandamus declaring the inaction of the respondents Nos. 1 to 7 herein in taking steps on the complaints ginven by the petitioners to the 5th respodnent dt. 23.10.2000 and to the other officeals against the 8th and 9th respondents for nonpayment of the amounts due to them towards dedposits made by them and other amounts payable to them from Mamatha Chit Fund Private Limited, and Saritha Financiees H.No.3-5-944/222 and 223, Panchavathi Mall, Opp: Taj Mahal Hotel, Narayanaguda, Hyderabad as illegal, arbitrary and unwarranted and consequently direct the respondent 1 to 7 to take steps to attach the properties of the 8th and 9th respondent, bring them to sale by auction and to distribute the amounts dure to the petitioners from the sale proceeds that may be realized by such auction, as per section 3 of the Andhra Pradesh Protection of Depositors of Financial Establishment Act, 1999 and pass Counsel for the Petitioner:MR.B.NARAYANA REDDY Counsel for the Respondent Nos.1 to 7: GP FOR HOME Counsel for the Respondent Nos.8 to 9: The Court made the following : ORDER: It is the case of the petitioners that the unofficial respondents 8 and 9 floated financial companies viz. Mamtha Chit Fund Private Limited and Saritha Financiers within the area of Narayanaguda Police Station and they are the Managing Directors of the said companies and they have collected huge amounts from the depositors and failed to repay the said amount and therefore, complaints have been filed for taking necessary action for recovery of the amounts due to the creditors and action is required to be taken under the A.P. Protection of Depositors’ of Financial Establishments Act, 1999 (for short “the Act”). Therefore, the petitioners seek to issue a writ of mandamus directing the respondents 1 to 7 for taking steps against them for attachment of properties and to bring their properties for sale. A counter has been filed by the 6th respondent stating that criminal cases have been registered against the respondents 8 and 9 on the complaints given by the complainants by the Narayanaguda Police Station in Crime Nos.289/2000, 306 of 2000, 41/2001, 353 of 2001 and 354 of 2001 and thereafter for taking action under the Act, the said crimes have been transferred to the Central Crime Station, Hyderabad for the purpose of investigation and during the course of investigation, it is stated that the properties of M/s. Mamatha Chit Funds Private Limited and Saritha Financiers bearing Nos.222, 223, 225 and 226 Panchavathi Mahal have been seized and identified all immovable and movable properties of the accused and prepared the attachment orders as per G.O.Ms.No.159, dated 09.07.2001. Therefore, it is stated that appropriate action has already been initiated and the properties of the unofficial respondents have been attached and the criminal cases along Section 5 of the Act were numbered as C.C.Nos.20 of 2006 and 21 of 2007 and the same are pending on the file of the XII Additional Chief Metropolitan Magistrate at Hyderabad. In view of the aforesaid facts and circumstances of the case, I am of the opinion that no further orders need be passed in this writ petition and hence, the writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:16.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ANURADHA}