IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.14843 of 2005 Between: Society for Education, Medicaine, Science Engineering and Technology (EMSET), Under Global Education and Medical Society), Regd.No.2349, D.No.10-4-771/B, Sri Ramnagar Colony, Masab tank, Hydeerabad. Rep by its Secretary Sri Syed Jalauddin. ..... PETITIONER AND 1 The State of A.P, Rep by its Prl.Secretary to Government, Home (Gel.B) Department, Secretariat Buildings , Hyderabad. 2 The Liquidator, Krishi Cooperative Urban bank Ltd., Ranigunj, Secunderabad. 3 The Additional Director General of Police, C.I.D., A.P., Hyderabad. .....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 to issue a writ, order or direction more particularly one in the nature of writ of mandamus directing the respondents to release the sum of Rs.3,08,49,393/- kept in the f.d.Rs.in the named of the society with the than Krishi Cooperative Urban Bank Ltd. (U/L) forthwith and pass such other order or orders. Counsel for the Petitioner:MR.V.RAJAGOPAL REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{TRR} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.14843 of 2005 O R D E R: It is the case of the petitioner that the petitioner made four fixed deposits in Krishi Cooperative Urban Bank Limited, Ranigunj, Secunderabad, but the said deposits made by the petitioner have not been refunded in spite of expiry of maturity period of the said FDRs. Therefore, he seeks to issue a Writ of Mandamus, directing the respondents to release a sum of Rs.3,08,49,393/- kept in FDRs in the name of the society with the then Krishi Cooperative Urban Bank Limited. It is stated that the petitioner earlier filed WP.4626/2003 which was disposed of on 15.10.2003 directing the respondents to settle the claim of the petitioner within a reasonable period, but so far no settlement has been made. It is not in dispute that as the said bank failed to return the deposits to several depositors, basing on complaints, a case in Cr.No.156/2001 was registered on the file of Mahankali P.S. on 15.08.2001 and the charge sheet was also filed which was numbered as CC.7/2001. It is also not in dispute that during course of investigation, several properties of the accused in the said crime were identified and the competent authority i.e. the 3rd respondent filed a requisition before the Government to pass orders under Sec.3 of the A.P.Protection of Depositors of Financial Establishment Act, 1999, and accordingly the Government passed orders attaching the properties of the accused under Sec.3 of the said Act vide G.O.Ms.No.259 Home (General-B) Department, dated 19.11.2001, G.O.Ms.No.212 Home (General-B) Department, dated 02.09.2001 and G.O.Ms.No.31 Home (General-B) Department, dated 25.01.2001. Thereafter the 3rd respondent filed petitions before the Special Court i.e. the Metropolitan Sessions Judge Court at Hyderabad, under Sec.4 (3) of the A.P.Protection of Depositors of Financial Establishment Act, 1999 and the petitions are numbered as Crl.M.P.Nos.1379/2001, 1497/2001 and 1258/20001 and the attachments were made absolute. Under the A.P.Protection of Depositors of Financial Establishment Act, 1999 appropriate remedy is available in filing application before the concerned Court to release the attachment, and in the instant case, it is stated that the Bank itself is under liquidation and its properties were under attachment. As properties have already been attached and appropriate proceedings have been initiated under the A.P.Protection of Depositors of Financial Establishment Act, 1999, I am of the opinion that the petitioner is not entitled for any relief in the present writ petition. The Writ Petition is, accordingly dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 19.06.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of A.P, Rep by its Prl.Secretary to Government, Home (Gel.B) Department, Secretariat Buildings , Hyderabad. 2 The Liquidator, Krishi Cooperative Urban bank Ltd., Ranigunj, Secunderabad. 3 The Additional Director General of Police, C.I.D., A.P., Hyderabad. 4.2CCs to 5.2CD copies