The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.521 of 2009 Date: 14.07.2011 Between: R.Keshya and 3 others ..... Petitioners AND 1.Government of Andhra Pradesh, rep. by its Principal Secretary to Social Welfare Department, Secretariat, Saifabad, Hyderabad and 7 others .....Respondents Counsel for the Petitioners: Sri Ch.Dhanamjaya Counsel for the Respondents: GP for Social Welfare The Court made the following: Order: At the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned Counsel for the parties. This Writ Petition is filed for a Mandamus to declare the action of the respondents, in not releasing the rental amounts in respect of the buildings leased out by the petitioners, as illegal and arbitrary. The petitioners sought for a consequential direction to the respondents to release those amounts forthwith. The petitioners are owners of certain premises, which were leased out to the respondents for running Social Welfare Hostels. Evidently, the son of Petitioner No.1 viz., R.Mothiya Naik, who also happens to be the husband of petitioner No.2 and father of petitioner Nos.3 and 4, while working as Hostel Welfare Officer in Social Welfare Department, has embezzled huge funds of the Government to an extent of Rs.45 Crores, which was meant for Post- Metric Scholarships. It is the case of the respondents that the properties leased out to the Social Welfare Department belong to the said R.Mothiya Naik, and as he has, allegedly, withdrawn huge amounts from the accounts of the Social Welfare Department and misappropriated the same during the period from 1995 to March, 2002, they stopped paying rents in respect thereof. Feeling aggrieved by the said action, the petitioners filed the present Writ Petition. This Court, while admitting the Writ Petition on 21-01- 2009, directed the respondents to release the rental amounts for the buildings taken on rent from the petitioners. In the counter-affidavit filed by the Principal Secretary to Government, Social Welfare Department, it is inter alia stated that the buildings in question were vacated by the Social Welfare Department soon after coming to know about the alleged fraud committed by Sri Mothiya Naik and others. In page 3 of the counter-affidavit, the details of vacation of the premises are mentioned, according to which the buildings mentioned at serial Nos.1 to 5 were vacated on 08-03-2001, 31-07-2003, 10-07-2003, 20-01-2004 and 30-09-2005 respectively. The counter-affidavit also referred to the various criminal cases filed against Sri R.Mothiya Naik wherein he was held guilty of various charges and sentenced to imprisonment and payment of fine on several counts. The convicted person is stated to have filed Criminal Appeals in this Court and was released on bail. It is also stated in the counter-affidavit that for recovery of the amounts, allegedly, embezzled by the said person, the State Government issued G.O.Rt.No.901, Home (PS & C) Department, dated 22-07-2002, for taking steps to attach various properties, which stood in the name of the said person and his family members; that in pursuance of the same, the State Government filed O.P.No.378 of 2003 on the file of the Chief Judge, City Civil Court, Hyderabad, for attachment of various properties and that the petitioners herein are respondent Nos.2 to 7 in the said OP and the properties, which are subject mater of this Writ Petition, are also mentioned in the A schedule of the said OP. It is further stated that the learned Chief Judge, City Civil Court, Hyderabad, by Order, dated 04-02-2003, in IA.No.336 of 2003 in OP.No.378 of 2003, granted order of attachment of the properties mentioned in A-schedule and that the said OP is still pending and is at the stage of enquiry. From the above-noted pleadings of the parties, it is clear that various proceedings are initiated against Sri R.Mothiya Naik, who is, allegedly, the defacto owner of the properties, which were let out to the Social Welfare Department. These proceedings include filing of OP.No.378 of 2003 in the Court of the learned Chief Judge, City Civil Court, Hyderabad, in which an order of attachment of the properties has been granted, which appears to be in force. In this undisputed factual background, it is not possible for this Court to direct the respondents to pay the rents to the petitioners in respect of the demised premises. Whether the properties belong to Sri R.Mothiya Naik or to the petitioners needs to be adjudicated in OP.No.378 of 2003, to which the petitioners are parties. The petitioners are entitled to work out their remedies in the pending OP. One more reason for this Court’s disinclination to interfere with this Writ Petition is that the respondents have come out with a specific plea that the premises given on rent to them were vacated much prior to the filing of this Writ Petition. Even though in the reply-affidavit, a vague denial was made by the petitioners, I have no reason to disbelieve the statement made by the Principal Secretary to Government, on oath, that the premises in question were vacated. For the above-mentioned reasons, I do not find any merit in the Writ Petition and the same is, accordingly, dismissed. As a sequel to dismissal of the Writ Petition, WVMP.No.47 of 2010 and WPMP.No.632 of 2009 are disposed of. ______________________ (C.V.Nagarjuna Reddy, J) 14th July, 2011 LUR