IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO : 1641 of 2009 Between: K. Narayanaswamy, Sri Nilayam, Kurnool, Kurnool District. ... PETITIONER AND 1 The Station House Officer, Madapur Police Station, Cyberabad, Hyderabad. 2 The Commissioner of Police, Cyberabad, Hyderabad. 3 The Director General of Police, Govt. of A.P., Hyderabad. 4 The District Collector, Ranga Reddy District at Lakdikapul, Hyderabad. 5 The Govt. of A.P., Rep. by its Prl. Secretary, Revenue Department, Secretariat, Hyderabad. 6 Sri. T. Rama Rao, Bhagavan Sri Balana Sai Baba Central Trust, D.No. 1-2-593/8, Domalguda, Gagan Mahal Colony, Hyderabad - 20. ...RESPONDENTS 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 For the reasons stated in the "Letter" dated 15-11-2008 sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Mandamus to call for the records and remarks from the Respondents herein in and connected to (i) Respondent Nos. 1 to 5 herein in and connected to the fraudulent transactions of Sri. Thumepally Rama Rao, Respondent No.6 herein, who has cheated gullible persons by alienating the very same property in favour of other persons; (ii) creating / developing assets worth crores of rupees both in the name of Sri T. Rama Rao and of his family members under the guise of the trust; (iii) action of the Respondents on the said Sri. T. Rama Rao; And This Hon'ble Court may be pleased to pass appropriate orders directing the Respondent Nos. 1 to 5 herein to cause an enquiry on the fraud committed by the said T. Rama Rao and take necessary action as per law to save many gullible persons who have fallen pray and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: PETITION Counsel for the Respondents: GP FOR HOME The Court made the following : ORAL ORDER: - (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 5 and learned counsel for respondent No.6. 2. This Writ of Mandamus is initiated, on the basis of the petitioner’s letter, dated 15.11.2008, wherein it is alleged that the affairs regarding the property dealings and other aspects relating to the management of the society by some of the Trustees of Bhagawan Sri Balana Sai Baba, Central trust, D.No.1-2-593/8, Domalguda, Gagan Mahal Colony, Hyderabad. 3. It is not always necessary to give an account of all the allegations leveled against the individuals, who are involved in the activities mentioned above, contrary to the object of the Trust, inasmuch as, the same are categorically stated in the said letter. 4. In response to the letter, counter affidavits have been filed by the Inspector of police, Madapur Police Station, Cyberabad, Hyderabad, the 6th respondent-Managing Trustee by name Sri T.Rama Rao and the 4th and 5th respondents. 5. From a perusal of the counter affidavit filed by the S.H.O., Madhapur Police Station, it appears that, basing on the complaint made by the 6th respondent, the matter has been investigated into and it was found that the persons arrayed as A-1 to A-14 therein were responsible for the irregularities and accordingly, a case was registered in Cr.No.153 of 2009 for the offences punishable under Sections 447 and 506 of the Indian Penal Code on 10.03.2009 and investigation was taken up. In that process, A-1, A-4, A-12 and A-13 were arrested on 12.05.2009 and A-6 and A-14 were arrested on 13.05.2009. A-3, A-5, A-7, A-8 and A-9 were surrendered on 21.05.2009, while A-11 surrendered on 27.05.2009, before the IX Metropolitan Magistrate, Kukatpally at Miyapur and were released on bail. Accused No.3 appears to be still absconding and after completion of the investigation, charge sheet was also filed before the said Court on 22.06.2009, with a prayer to issue Non-bailable Warrant against A-2 and the trial in that case is pending in C.C.No.1372 of 2009. 6. In view of the said action initiated by the police and the alleged offences being the subject matter in the said case, we do not find any necessity to interfere with the matter any further. 7. Accordingly, the writ petition is closed, at the stage of admission. However, there shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE R.KANTHA RAO 27th August 2009 LMV