THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.23138 of 2009 DATED: 05.07.2010 Between: B. Bheemesh .. Petitioner And The Inspector of Police, Central Crime Station, South Zone, Detective Department, Hyderabad, and another. .. Respondents ORDER: Petitioner claims to have purchased the house bearing No.18-1-297/137/A situated at Shivaji Nagar, Uppuguda, Hyderabad, from the 2nd respondent, under an agreement of sale-cum-General Power of Attorney dated 27.02.2009. It is his case that, though he paid the entire sale consideration in respect of the subject house to the 2nd respondent, on mutual understanding, he allowed the 2nd respondent to reside in the subject house, till sale deed is executed and registered in his favour or possession of the house is required by him. While so, it is his grievance that the 1st respondent namely Inspector of Police, Central Crime Station, South Zone, Detective Department, Hyderabad, seized the subject house, without assigning any reason, and, thereupon, he made repeated requests and also submitted representation dated 22.06.2009 to the 1st respondent, seeking to release the subject house from his custody, but the same are not considered. Hence, the petitioner filed the present writ petition seeking appropriate directions to the 1st respondent for release of the subject house from his custody. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Home produced before this Court the written instructions obtained by her from the 1st respondent, wherein it is stated that the 2nd respondent herein and her husband have been residing in the subject house since 1989 and they run a finance company in the name and style of M/s. Sri Sai Krupa Finance Company in the subject house. It is further stated that the 2nd respondent, her husband and other partners of the business are accused of the offence of cheating the depositors by committing default in payment of amounts payable to them and, in connection therewith, a case in Crime No.134 of 2009 for the offences punishable under Sections 420 I.P.C. and 3 and 5 of A.P. Protection of Depositors of Financial Establishments Act, is registered against them. Thereupon, the 2nd respondent herein, who is accused No.1 in the said case, and her husband, who is accused No.5, absconded from the house in question by locking the same. Subsequently, the 2nd respondent approached this Court and obtained interim orders of stay of her arrest, and her husband-A5 is still absconding. It is categorically stated that the 1st respondent has not seized the house in question and the possession of the house is with the 2nd respondent, her husband and other partners of the finance company. The aforesaid written instructions of the 1st respondent are placed on record and in view of the specific stand taken by the 1st respondent that he has not seized the subject house, no orders need be passed in this writ petition. Accordingly, the writ petition is closed. No order as to costs. __________________ JUSTICE N.V. RAMANA 5th July, 2010 IBL