The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.19291 of 2003 Order: In this Writ Petition, the petitioner-Vijaya Co-operative Urban Bank Limited has questioned the validity of orders issued by the Government in G.O.Ms.No.112, dated 22-04- 2002, and G.O.Ms.No.200, dated 08-07-2002. By G.O.Ms.Nos.112 and 200, dated 22-04-2002 and 08-07-2002, the Government, in exercise of powers under Section 3 of the Andhra Pradesh Protection of Depositors of Financial Establishment Act, 1999 (Act 17/99) (for short ‘the Act’), has ordered attachment of certain properties of one Sri K.P.V.Subbaiah on the ground that the Chairman and Directors of the second respondent-Bank conspired with certain borrowers and Sri K.P.V.Subbaiah, who is one of those borrowers, obtained huge loan amounts from the said Bank and misused the depositors’ money. In this Writ Petition, the petitioner-Bank claims that the properties, subjected to attachment under the said GOs, were mortgaged to it; that it has charge over the said properties and that the said properties were attached wrongly. Heard the learned Counsel for the parties and perused the impugned GOs. Under the Act, the Government is having power to attach the properties under Section 3 of the Act as an interim measure. After attachment orders are issued under Section 3 of the Act, the said properties are to be transferred to the competent authority, which is notified by the Government, for passing appropriate orders. On receipt of the order passed under Section 3 of the Act, the competent authority is empowered to apply to the Special Court constituted under the Act to make the ad interim order of attachment absolute. In that view of the matter, if the petitioner-Bank has any objection as regards the attachment of the properties in question, it can move the Special Court and merely on the ground that the said properties were earlier mortgaged with it, it cannot straight away rush to this Court. Therefore, the Writ Petition is disposed of, keeping it open to the petitioner to move the competent Special Court and putforth its objections with regard to the attachment of the properties vide G.O.Ms.Nos.112 and 200, dated 22-04- 2002 and 08-07-2002. No order as to costs. _________________ R.Subhash Reddy, J Dated 13th November, 2009 lur