w w w . L a w y e r S e r v i c e s . i n



HRT Builders, rep. by its Managing Partner Thondepu Ratna Srinivas v/s State of A.P. rep by its Principal Secretary, Home Department, Velagapudi & Another


Company & Directors' Information:- S. K. B. BUILDERS INDIA LIMITED [Active] CIN = U45400DL2010PLC197993

Company & Directors' Information:- J L BUILDERS PRIVATE LIMITED [Active] CIN = U45201TN1991PTC020527

Company & Directors' Information:- S B BUILDERS PVT LTD. [Active] CIN = U70101MH1988PTC272922

Company & Directors' Information:- INDIA BUILDERS CORPORATION PRIVATE LIMITED [Active] CIN = U45201KA2006PTC039914

Company & Directors' Information:- M G BUILDERS (INDIA) PRIVATE LIMITED [Active] CIN = U45400UP2013PTC055903

Company & Directors' Information:- AT HOME INDIA PRIVATE LIMITED [Active] CIN = U17211DL2001PTC112255

Company & Directors' Information:- R E L BUILDERS PRIVATE LIMITED [Active] CIN = U70102AP2007PTC055964

Company & Directors' Information:- L R BUILDERS PVT PRIVATE LIMITED [Active] CIN = U74899DL1995PTC067771

Company & Directors' Information:- J A BUILDERS LIMITED [Amalgamated] CIN = U74899DL1987PLC028050

Company & Directors' Information:- U S BUILDERS (INDIA) PRIVATE LIMITED [Active] CIN = U45400WB2013PTC197792

Company & Directors' Information:- T T BUILDERS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC131951

Company & Directors' Information:- C T BUILDERS PRIVATE LIMITED [Active] CIN = U70101PB2002PTC025201

Company & Directors' Information:- T N BUILDERS PRIVATE LIMITED [Active] CIN = U45200DL2011PTC215096

Company & Directors' Information:- P A R Y BUILDERS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC138724

Company & Directors' Information:- J. T. BUILDERS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC149607

Company & Directors' Information:- K D BUILDERS PRIVATE LIMITED [Active] CIN = U45201DL1997PTC087003

Company & Directors' Information:- M H BUILDERS PRIVATE LIMITED [Active] CIN = U74899DL1986PTC026488

Company & Directors' Information:- M E I BUILDERS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055662

Company & Directors' Information:- S K BUILDERS PRIVATE LIMITED [Active] CIN = U65910GJ1995PTC026680

Company & Directors' Information:- S L BUILDERS PRIVATE LIMITED [Active] CIN = U74899DL1988PTC033077

Company & Directors' Information:- P H BUILDERS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC037734

Company & Directors' Information:- H G C BUILDERS PVT LTD [Amalgamated] CIN = U45201WB1982PTC034519

Company & Directors' Information:- S A P BUILDERS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC139227

Company & Directors' Information:- S R BUILDERS LTD [Active] CIN = U45203CH1992PLC012451

Company & Directors' Information:- A P D BUILDERS PRIVATE LIMITED [Active] CIN = U45201DL2000PTC107883

Company & Directors' Information:- RATNA INDIA LIMITED [Active] CIN = U25200AP2015PLC096170

Company & Directors' Information:- A.T. BUILDERS PRIVATE LIMITED [Strike Off] CIN = U70100CT2009PTC021517

Company & Directors' Information:- S R I F BUILDERS PRIVATE LIMITED [Converted to LLP] CIN = U45202DL1996PTC083461

Company & Directors' Information:- B. E. BUILDERS PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164110

Company & Directors' Information:- BUILDERS INDIA LIMITED [Active] CIN = U45201TN1977PLC007313

Company & Directors' Information:- B M R BUILDERS PRIVATE LIMITED [Strike Off] CIN = U70101OR2010PTC011791

Company & Directors' Information:- K K BUILDERS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039555

Company & Directors' Information:- C H BUILDERS PRIVATE LIMITED [Active] CIN = U45209PB2013PTC038109

Company & Directors' Information:- S R M BUILDERS PRIVATE LIMITED [Active] CIN = U74899DL1992PTC051505

Company & Directors' Information:- C. R. BUILDERS PRIVATE LIMITED [Active] CIN = U45200UP2007PTC033110

Company & Directors' Information:- Y AND R BUILDERS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070024

Company & Directors' Information:- A K BUILDERS PVT LTD [Active] CIN = U45203MN1991PTC003601

Company & Directors' Information:- P S BUILDERS PVT LTD [Strike Off] CIN = U45201NL1989PTC003261

Company & Directors' Information:- D S V BUILDERS PRIVATE LIMITED [Active] CIN = U70109DL1999PTC098326

Company & Directors' Information:- D A BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45201PB1997PTC020415

Company & Directors' Information:- K G BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45202UP1969PTC003269

Company & Directors' Information:- S V R BUILDERS INDIA PRIVATE LIMITED [Active] CIN = U45205KA2011PTC060841

Company & Directors' Information:- E AND A BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45201TZ1995PTC006000

Company & Directors' Information:- B P BUILDERS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC121741

Company & Directors' Information:- M. T. BUILDERS PRIVATE LIMITED [Active] CIN = U45201AS2009PTC009122

Company & Directors' Information:- S G BUILDERS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC042974

Company & Directors' Information:- V HOME PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109331

Company & Directors' Information:- R. R. BUILDERS PRIVATE LIMITED [Active] CIN = U45201UP1995PTC017748

Company & Directors' Information:- G. P. HOME PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102MH2011PTC213056

Company & Directors' Information:- G A BUILDERS PRIVATE LIMITED [Active] CIN = U45200MH1996PTC101172

Company & Directors' Information:- C K R BUILDERS PRIVATE LIMITED [Active] CIN = U45200TZ2015PTC021602

Company & Directors' Information:- L AND H BUILDERS PRIVATE LIMITED [Active] CIN = U45201UP1995PTC019089

Company & Directors' Information:- M K BUILDERS PRIVATE LTD [Active] CIN = U74899DL1985PTC022195

Company & Directors' Information:- A V A BUILDERS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC153695

Company & Directors' Information:- A R BUILDERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC043507

Company & Directors' Information:- P D BUILDERS PRIVATE LIMITED [Active] CIN = U45209WB2000PTC092173

Company & Directors' Information:- A & L BUILDERS PRIVATE LIMITED [Active] CIN = U45201PB2007PTC031508

Company & Directors' Information:- RATNA LIMITED [Active] CIN = U93000AP2015PLC096486

Company & Directors' Information:- M J BUILDERS PRIVATE LIMITED [Converted to LLP] CIN = U70100MH1980PTC023374

Company & Directors' Information:- U G BUILDERS PRIVATE LIMITED [Active] CIN = U45201DL1984PTC017921

Company & Directors' Information:- R S BUILDERS PRIVATE LIMITED [Active] CIN = U24231UP1989PTC010498

Company & Directors' Information:- D. C. BUILDERS PRIVATE LIMITED [Strike Off] CIN = U70109DL1996PTC080902

Company & Directors' Information:- V S BUILDERS PVT LTD [Strike Off] CIN = U45201CH1993PTC013278

Company & Directors' Information:- G D S BUILDERS PRIVATE LIMITED [Active] CIN = U45201OR2008PTC009959

Company & Directors' Information:- C. S. BUILDERS PRIVATE LIMITED [Active] CIN = U45400MH2011PTC219467

Company & Directors' Information:- E. V. BUILDERS (INDIA) PRIVATE LIMITED [Converted to LLP] CIN = U45202MH2010PTC198479

Company & Directors' Information:- S F BUILDERS PRIVATE LIMITED [Active] CIN = U70101TN2008PTC066532

Company & Directors' Information:- O N BUILDERS PRIVATE LIMITED [Amalgamated] CIN = U45400DL2007PTC171085

Company & Directors' Information:- A AND T BUILDERS PRIVATE LIMITED [Active] CIN = U45201KL2004PTC017143

Company & Directors' Information:- S S BUILDERS (INDIA) PVT LTD [Strike Off] CIN = U45201DL1981PTC011552

Company & Directors' Information:- B K BUILDERS PVT LTD. [Strike Off] CIN = U70200WB1989PTC046943

Company & Directors' Information:- A P BUILDERS PVT LTD [Strike Off] CIN = U70101OR1995PTC003817

Company & Directors' Information:- K S BUILDERS PRIVATE LIMITED [Active] CIN = U74899DL1985PTC020747

Company & Directors' Information:- S N BUILDERS PRIVATE LIMITED [Active] CIN = U45201PB1991PTC011027

Company & Directors' Information:- M E C BUILDERS PRIVATE LIMITED [Active] CIN = U45200MH1972PTC016083

Company & Directors' Information:- D B BUILDERS PVT LTD [Active] CIN = U70109WB1989PTC046772

Company & Directors' Information:- A TO Z BUILDERS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059040

Company & Directors' Information:- L & D BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45209PB2010PTC033579

Company & Directors' Information:- INDIA BUILDERS LTD [Under Liquidation] CIN = U45400WB1954PLC021804

Company & Directors' Information:- R S BUILDERS PVT LTD [Strike Off] CIN = U45220PB1988PTC008282

Company & Directors' Information:- F C BUILDERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200KL2012PTC032186

Company & Directors' Information:- A.P. BUILDERS PRIVATE LIMITED [Active] CIN = U45201RJ1994PTC009093

Company & Directors' Information:- R G BUILDERS PRIVATE LIMITED [Active] CIN = U45200MH1973PTC016879

Company & Directors' Information:- D. L. BUILDERS PRIVATE LIMITED [Active] CIN = U45200MH2008PTC187771

Company & Directors' Information:- P M BUILDERS PRIVATE LIMITED [Active] CIN = U45200MH2005PTC150517

Company & Directors' Information:- S L V BUILDERS PRIVATE LIMITED [Active] CIN = U45200TG1997PTC027762

Company & Directors' Information:- G C BUILDERS PRIVATE LIMITED [Active] CIN = U45400WB2013PTC198224

Company & Directors' Information:- T B BUILDERS PRIVATE LIMITED [Strike Off] CIN = U70101AS2002PTC006780

Company & Directors' Information:- S & S BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45201JH2012PTC000236

Company & Directors' Information:- T K BUILDERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1989PTC036793

Company & Directors' Information:- AP INDIA PRIVATE LIMITED [Active] CIN = U51909DL2013PTC250218

Company & Directors' Information:- G G BUILDERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U70100DL2011PTC217636

Company & Directors' Information:- M P BUILDERS LTD [Strike Off] CIN = U74210WB1955PLC022613

Company & Directors' Information:- S K R BUILDERS PVT LTD [Strike Off] CIN = U45201CH1988PTC008761

Company & Directors' Information:- K V BUILDERS PVT LTD [Strike Off] CIN = U70102MH1969PTC014396

Company & Directors' Information:- A AND A BUILDERS PVT LTD [Strike Off] CIN = U45209CH1987PTC007331

Company & Directors' Information:- S. C. M. BUILDERS PVT. LTD. [Strike Off] CIN = U45201WB1995PTC069004

Company & Directors' Information:- D & J BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45201WB1999PTC090699

Company & Directors' Information:- S G BUILDERS PVT LTD [Not available for efiling] CIN = U45201PB1990PTC010662

Company & Directors' Information:- N M BUILDERS PRIVATE LIMITED. [Strike Off] CIN = U45201DL1985PTC022814

Company & Directors' Information:- S R G BUILDERS PVT LTD [Strike Off] CIN = U45203DL1984PTC017780

Company & Directors' Information:- R K BUILDERS INDIA PRIVATE LIMITED [Strike Off] CIN = U45202KL2006PTC020079

Company & Directors' Information:- G N BUILDERS PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032547

Company & Directors' Information:- I C B R BUILDERS PVT LTD [Active] CIN = U74899DL1982PTC013131

Company & Directors' Information:- K R BUILDERS PVT LTD [Active] CIN = U45201PB1981PTC004406

Company & Directors' Information:- B S BUILDERS PRIVATE LIMITED [Active] CIN = U45201DL2001PTC111390

Company & Directors' Information:- V S BUILDERS PRIVATE LIMITED [Active] CIN = U45201GJ1982PTC005647

Company & Directors' Information:- A AND A BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45201KL1996PTC010546

Company & Directors' Information:- K R V BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45400TN2011PTC082953

Company & Directors' Information:- P S BUILDERS PVT LTD [Strike Off] CIN = U70101DL1982PTC014512

Company & Directors' Information:- S AND M BUILDERS PVT LTD [Strike Off] CIN = U45201GJ1988PTC010258

Company & Directors' Information:- S M P BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45202MH2009PTC193614

Company & Directors' Information:- K B BUILDERS PRIVATE LIMITED [Active] CIN = U24231UP1983PTC005964

Company & Directors' Information:- G R BUILDERS PRIVATE LTD [Active] CIN = U74899DL1988PTC031739

Company & Directors' Information:- P J S BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC157780

Company & Directors' Information:- H B BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45201GJ1995PTC024972

Company & Directors' Information:- M L BUILDERS PVT LTD [Strike Off] CIN = U45202CH1982PTC005046

Company & Directors' Information:- S K BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45201TG1994PTC018761

Company & Directors' Information:- M AND Y BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45201TN2008PTC066937

Company & Directors' Information:- V A BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45201TN2015PTC099281

Company & Directors' Information:- I S BUILDERS PRIVATE LIMITED [Active] CIN = U45201MH2001PTC133305

Company & Directors' Information:- B R BUILDERS PRIVATE LIMITED [Strike Off] CIN = U70109MH2002PTC135762

Company & Directors' Information:- M M BUILDERS PRIVATE LIMITED [Active] CIN = U45200MH1981PTC024427

Company & Directors' Information:- J BUILDERS PVT LTD [Active] CIN = U45200MH1982PTC027086

Company & Directors' Information:- G & J BUILDERS PRIVATE LIMITED [Active] CIN = U45400TG2007PTC053751

Company & Directors' Information:- BUILDERS CORPN PVT LTD [Active] CIN = U26921WB1959PTC024088

Company & Directors' Information:- HOME BUILDERS INDIA PVT LTD [Strike Off] CIN = U74210WB1951PTC019973

Company & Directors' Information:- M V S BUILDERS PRIVATE LIMITED [Strike Off] CIN = U00500CH2006PTC029493

Company & Directors' Information:- M R V BUILDERS PRIVATE LIMITED [Active] CIN = U45209DL2012PTC239946

Company & Directors' Information:- R P BUILDERS PRIVATE LIMITED [Active] CIN = U74899DL1988PTC033203

Company & Directors' Information:- K Y BUILDERS PRIVATE LIMITED [Active] CIN = U45201DL2002PTC118162

Company & Directors' Information:- N S BUILDERS PRIVATE LIMITED [Strike Off] CIN = U70200DL2015PTC285443

Company & Directors' Information:- R A R BUILDERS PRIVATE LIMITED [Active] CIN = U45200DL2011PTC220209

Company & Directors' Information:- A D N BUILDERS PRIVATE LIMITED [Active] CIN = U45400KL2014PTC036925

Company & Directors' Information:- M D BUILDERS PRIVATE LIMITED [Active] CIN = U45201GJ1985PTC008103

Company & Directors' Information:- N J K BUILDERS PRIVATE LIMITED [Active] CIN = U45201KL1998PTC012440

Company & Directors' Information:- R C C BUILDERS PRIVATE LIMITED [Active] CIN = U26942UP1974PTC003896

Company & Directors' Information:- V I BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45201RJ2000PTC016187

Company & Directors' Information:- H H BUILDERS PVT LTD [Strike Off] CIN = U74210OR1988PTC001970

Company & Directors' Information:- I T F BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC167433

Company & Directors' Information:- N A BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC156402

Company & Directors' Information:- M N BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC156687

Company & Directors' Information:- N Y BUILDERS PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC164581

Company & Directors' Information:- G O C BUILDERS PRIVATE LIMITED [Strike Off] CIN = U70101KL2006PTC019126

    Writ Petition No. 11176 of 2019

    Decided On, 28 April 2020

    At, High Court of Andhra Pradesh

    By, THE HONOURABLE MR. JUSTICE D.V.S.S. SOMAYAJULU

    For the Petitioner:Challa Gunaranjan, Advocate. For the Respondents: Advocate General (A).



Judgment Text


This Writ Petition is filed by the petitioner-HRT Builders seeking the following relief:

“….to issue a Writ, Order or Direction more particularly one in the nature of Writ of mandamus declaring Ad-interim orders issued by 1st Respondent vide G.O.Ms.No.21, Home (General.A) Department, dated 28.01.2019 to the extent of attaching the properties belonging to the Petitioner herein at Sl.No.4 & 5 of Annexure to the impugned G.O. as illegal, arbitrary, unjust, without jurisdiction, contrary to provisions of ‘The Andhra Pradesh Protection of Depositories of Financial Establishments Act, 1999”, violative of principles of Natural Justice, besides being violative of Article 21 and 300A of Constitution of India and consequently set-aside the same and pass such other orders as this Hon’ble Court deems fit and proper in the interest of justice.”

The petitioner before this Court claims to be the purchaser of properties under two sale deeds bearing Nos.459 of 2014 and 460 of 2014 respectively from a company called “Agri Gold Farm Estates India Pvt. Limited” (in short “Agri Gold”).

This Court has heard Sri Challa Gunaranjan, learned counsel for the petitioner and the learned Advocate General appearing for the respondents.

The case of the petitioner before this Court is that the petitioner has acquired both the properties under two registered sale deeds bearing Document Nos.459 and 460 of 2014, dated 20.01.2014 from the vendor company-Agri Gold. Ever since then the petitioner claims to be in possession and enjoyment of the property. The petitioner after securing necessary statutory approvals has commenced the construction of a residential apartment complexes called “HRT Sanjana” and “HRT Manasvi”. One flat in HRT Manasvi, in the second floor, was sold to third party on 23.07.2018. Later, when the petitioner attempted to sell another property viz., a flat in first floor of the HRT Manasvi, the Sub-Registrar did not permit the registration. On enquires, the petitioner came to know that the property could not be registered as the State had issued G.O.Ms.No.21 of 2019, dated 28.01.2019, attaching the property under Section 3 of “the Andhra Pradesh Protection of Depositories of Financial Establishments Act, 1999” (in short “Act 17 of 1999”) attaching the immovable properties of the vendor’s company, which sold the property to the petitioner under two registered sale deeds mentioned above. The said company is accused of many crimes throughout the States of AP and Telangana more particularly of defrauding hundreds of small depositors. Learned counsel for the petitioner submits that the petitioner is a bona fide purchaser for a value, having acquired the properties in the year 2014 itself. It is his contention that the transactions are legal and valid alienations for due consideration supported by Board Resolution of the vendor company. He also points out that the G.O. was issued in the year January, 2019 which is years after the sales were completed. According to him, the G.O. does not, apply to the facts and circumstances of the case since by the date of issuance of the said G.O., the property did not vest in the Agri Gold and that they were already divested their title. Apart from that learned counsel also submits that there was clear non-application of mind by the respondents in attaching the property. He states if they had applied their mind and examined the facts, they would have realised that the properties do not vest with the said Agri Gold company, which is the accused in many of these cases. Learned counsel for the petitioner relies upon the judgment reported in M/s. The Mandanapalle Hospitals (P) Ltd., v The Government of A.P. and Ors., and argues that it is only the appropriate Court under Section 8 of the Act 17 of 1999 that can attach the property since by then the property has already been sold. Relying upon the judgment of the Court, learned single Judge of the High Court of Andhra Pradesh reported in K. Radhika v Government of Andhra Pradesh and Others learned counsel argues that even if there is alternative remedy available the Writ Court can go into the issues raised. He lastly submits that the respondents did not have power to attach the property, because by the date when the sale was made in favour of the petitioner, there was no crime pending nor was it registered. Therefore, learned counsel prays for appropriate writ in the nature of mandamus setting aside the action of the respondents.

In response to this, learned Advocate General representing the State argues that the petitioner has mischievously invoked the jurisdiction of this Court. According to him the provisions of Section 3 read with 7 and 8 of Act 17 of 1999 given adequate protection to the petitioner and that if the grievance of the petitioner is that the respondent-State did not have the authority to attach the property he will have to approach the appropriate / designated Court and raise the issue. Learned Advocate General submits that in view of the large scale fraud that was committed by the Agri Gold, the entire State of Andhra Pradesh (as it was) has been affected and the State of Andhra Pradesh had to step in to address the grievance of the depositors, who had been defrauded in a very systematic manner. Learned Advocate General points out that the thousands of crores of the public’s money was involved in this fraud and that the crime has state-wide ramifications. Learned Advocate General submits that the decision in K. Radhika case (2 supra) cited by the learned counsel for the petitioner in fact makes it clear that the petitioner will have to approach the designated Court, which has been established under the Act 17 of 1999. He points out that there are disputed facts viz., whether the transaction in question is a genuine transaction or not? and Whether the said Agri Gold company had in fact acquired the property out of the deposits made by the general public? He points out that a case of this nature requires investigation into the facts and also evidence. Hence he submits that it is the special Court alone that has jurisdiction to decide this case. He relies upon the judgment reported in Jakri Hussain Kosangi and Ors., v State of Andhra Pradesh and Ors., and argues that the Act 17 of 1999 has been given overriding effect and that it prevails over all laws. He also relies upon W.P.No.1810 of 2020 and the order passed therein, wherein another learned single Judge of this Court directed the petitioner therein to approach the special Court. Learned Advocate General also points out that the Encumbrance Certificates still show that the property is in the name of the Agri Gold only and that therefore a Writ is not maintainable. For all the above reasons he prays that the writ must be dismissed.

This Court after hearing both the learned counsel notices that the State had to step in by issuing a G.O. in view of the large number of cases, which are registered against the Agri Gold Company. Reading of the G.O., which is the subject matter of this Writ, shows that the registration of the crimes started in the year 2014 itself and continued across the State of Andhra Pradesh. The large number of sale deeds, which were executed by the Agri Gold Company or by its Directors, are listed in the said G.O. It is also mentioned in paragraph-3 that the Agri Gold company diverted the deposits to various sister concerns and companies. The properties that are the subject matter of the Writ are located in Kedareswarapet, Vijayawada. The G.O. refers to Kedareswaripet in paragraph-6.

Apart from that the Act 17 of 1999 clearly states under Section 3 as follows:

3. Attachment of properties on default in respect of deposits. - Notwithstanding anything contained in any other law for the time being in force,-

(i) Where, upon complaints received from a depositor or depositors, that any financial establishment defaulted or is likely to default in the return of deposits in cash or kind after maturity, or in any manner agreed upon; or

(ii) Where the Government have reason to believe that any financial establishment is acting in a manner prejudicial to the interests of the depositors with an intention to defraud the depositors;

and if the Government are satisfied that such financial establishment is not likely to return the deposits in cash or kind after maturity, or in any manner agreed upon, the Government may, in order to protect the interests of the depositors of such financial establishment, pass an adinterim order attaching the money or other property alleged to have been procured either in the name of the financial establishment or in the name of any other person from and out of the deposits collected by the financial establishment, or if it transpires that such money or other property is not available for attachment or not sufficient for repayment of the deposits, such other property of the said financial establishment, or the promoter, manager or member of the said financial establishment, as the Government may think fit, and transfer the control over the said money or property to the competent authority”.

A reading of this Section shows that it starts with a non-obstante clause and states that notwithstanding anything in any document in force, if the Government is satisfied that the financial establishment is acting in a manner prejudicial to the interest of the depositors or that it is unlikely to return the deposits the Government may pass an ad-interim order attaching the property alleged to have been procured either in the name of the financial establishment or in the name of any other person from out of the deposits collected. Section 6 deals with the establishment of a Special Court. Section 7 (3) enables the Special Court to deal with the attachment of property. Section 7 (3) gives an option to any person, who has an interest in the property attached, to make an objection before the Special Court before an order is passed making the attachment absolute. This option is given to any person, who claims an interest in the property to raise an objection to the attachment notwithstanding the fact that no notice has been given to him. Lastly, Section 8 of the Act also gives an option to the Special Court to deal with the transferees of property and also attach the same. Therefore, a reading of these relevant sections of this Act shows that the State can pass an order of interim attachment if it is of the opinion that the properties, which are sought to be attached, are purchased out of the deposits made by the public. A person whose property has been attached by the State in the above said manner has also been given an option to appear before the Special Court and seek an order of raising the attachment. This necessarily would mean that the purchaser of the property can convince the Court that the sale transaction ntered into by him is a genuine transaction and/or that the property has not been purchased from out the deposits claimed by the financial establishment.

While it is true that the existence of an alternative remedy is not by itself a ground for this Court to refuse to exercise jurisdiction, still when disputed questions of fact and law arise and there is an effective alternate judicial remedy, this Court by virtue of principle of judicial restraint should not entertain such a Writ.

A learned single judge of this court in the case of K. Radhika (1 supra) has already clearly held that there is an efficacious alternative remedy provided under the Act, particularly under Section 7 (3) and 7 (5) of the Act 17 of 1999. Once an objection has been raised by a party under Section 7 (3) and under Section 7 (5) the Special Court is given power to investigate the same, receive evidence and exercise all the powers of the Court in dealing with the suit. Section 7 (6) states that after the investigation under Section 7 (5) the Special Court shall pass an order making the interim attachment absolute or varying the same or even cancelling the attachment. Therefore, it is crystal clear that the petitioner has an effective and efficacious alternative remedy. The petitioner can approach the Special Court, that has been established, ventilate his grievance and seek an appropriate order. The judgment of the learned single Judge in W.P.No.1810 of 2020 mentioned above also to the same effect.

Whether the purchaser is bona fide purchaser for a value or not, whether the properties can be attached or not are all matters, which in

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the opinion of this court are within the exclusive jurisdiction of the Special Court that has been established to hear and decide such cases. Even in the rejoinder filed, in reply to the pleas raised the petitioner merely reiterates what has been stated earlier that he is a bona fide purchaser for a value etc and nothing more. In that view of the matter, this court is of the opinion that as there is an efficacious alternative remedy available in the form of Special Court and the said Special Court has also been given the power to take evidence and deal with the objections raised, this Court is of the opinion that the Writ Petition is misconceived. The respondents have gone on record that the learned Principal District and Sessions Judge, Eluru, would be an appropriate authority and the proper Court to deal with the matter and that after the affidavit was filed before the said Court by the State , notices were also ordered to Agri Gold Farm Estates India Pvt., Ltd., Therefore, it is clear that the petitioners will have to approach the said Court for redressal and agitate their case . For all the above mentioned reasons, the Court finds no merits in the present writ petition. Accordingly, the Writ Petition is, dismissed. No order as to costs. As a sequel, Miscellaneous Applications, if any, pending in this Writ Petition shall also stand dismissed.
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30-09-2020 M/s. Desai Developers & Builders Pvt. Ltd., Maharashtra Versus Shree Sainath Co-Op. Housing Society Ltd., Mumbai & Another National Consumer Disputes Redressal Commission NCDRC
30-09-2020 A.B. Venkateswara Rao Versus The State of Andhra Pradesh, Represented by its Secretary, Home Department, Secretariat & Others High Court of Andhra Pradesh
30-09-2020 Harish Trivedi Versus State of U.P. Through Prin. Secy. Home & Others High Court Of Judicature At Allahabad Lucknow Bench
29-09-2020 The Government of Tamil Nadu Represented by its Secretary, Home, Prohibition & Excise Department, Chennai & Another Versus S. Indramoorthy High Court of Judicature at Madras
29-09-2020 The Government of Tamil Nadu Represented by its Secretary, Home, Prohibition & Excise Department, Chennai & Another Versus S. Indramoorthy High Court of Judicature at Madras
29-09-2020 C. Sivasankaran Versus Foreigner Regional Registration Officer (FRRO), Bureau of Immigration, Ministry of Home Affairs, Chennai & Others High Court of Judicature at Madras
28-09-2020 Manoj @ Sallar & Others Versus State Of U.P. Thru Prin. Secy. Home Lko. & Others High Court Of Judicature At Allahabad Lucknow Bench
24-09-2020 State of Kerala, Represented by The Assistant Labour Officer, Munnar, Through The Public Prosecutor, High Court of Kerala, Ernakulam Versus Annakutty Varghese, Proprietress, M/s. Misha Holiday Home, Munnar High Court of Kerala
23-09-2020 Mahabooba Jailani Versus The Home Secretary, Home Department (Prison), Secretariat, Chennai & Others High Court of Judicature at Madras
21-09-2020 Kumaresan @ Chetty Versus The Home Secretary (Prison), Secretariat, Chennai & Others High Court of Judicature at Madras
18-09-2020 Sundaram Home Finance Limited Versus Rahul Jayvantrao Kaulavkar & Others High Court of Judicature at Bombay
17-09-2020 Vangamudi Kasimayan, Kurnool DT. Versus State of AP., rep PP. High Court of Andhra Pradesh
14-09-2020 Kuruva Muliniti Lakshmana, Kurnool DT. Versus State of AP., Rep. PP. Hyd. High Court of Andhra Pradesh
14-09-2020 Vijay Vilasrao Sutare Versus The State of Maharashtra, Through, Secretary, home department, State of Maharashtra, Mantralay Mumbai & Another In the High Court of Bombay at Aurangabad
11-09-2020 Jeevitha Versus State of Tamil Nadu, Represented by the Secretary, Home,Prohibition & Excise Department, Chennai & Another High Court of Judicature at Madras
10-09-2020 K. Ravishankar Versus State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Chennai & Others Before the Madurai Bench of Madras High Court
10-09-2020 K. Ravishankar Versus State of Tamil Nadu, Represented by the Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Chennai & Others Before the Madurai Bench of Madras High Court
10-09-2020 Raina Begum Versus The Union of India Rep. By The Comm & Secy. to The Govt. of India, Home Deptt., New Delhi-01, India & Others High Court of Gauhati
09-09-2020 Mittal Electronics Versus Sujata Home Appliances (P) Ltd. & Others High Court of Delhi
07-09-2020 Badri Narayan Singh & Another Versus The Ministry of Home Affairs (MHA) Government of India, through the Home Secretary North Block, New Delhi & Others High Court of Judicature at Patna
07-09-2020 M/s. Smart Logistics, Unity Building Puthiyapalom, Kozhikode, Represented by Its Managing Partner, M. Gopinath Versus State of Kerala, Represented by Secretary to Home Department, Government Secretariat, Thiruvananthauram & Others High Court of Kerala
04-09-2020 K. Ebnezer Versus The State of Telangana, rep by its Principal Secretary to Government, Home Department, Secretariat, Hyderabad & Others High Court of for the State of Telangana
28-08-2020 Ram Vikram Singh (In Person) Versus State of U.P. Thru Prin.Secy. Home Lko & Others High Court Of Judicature At Allahabad Lucknow Bench
28-08-2020 Mahendra Yadav Versus State of Assam Represented By Home Secretary Government of Assam & Another High Court of Gauhati
27-08-2020 Bhimsen Tyagi Versus The State of Telangana, Rep. by its Principal Secretary to Government (Poll), Home Department Secretariat, Hyderabad & Another High Court of for the State of Telangana
24-08-2020 Sumathi Versus State of Tamil Nadu, Rep. by its Secretary to the Government, Home, Prohibition and Excise Department, Chennai & Others High Court of Judicature at Madras
19-08-2020 Samuel Dorman Versus Superior Builders, Mumbai & Others National Consumer Disputes Redressal Commission NCDRC
18-08-2020 G. Naganna Versus The State of Andhra Pradesh rep. by its Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Guntur District & Others High Court of for the State of Telangana
18-08-2020 The Registrar (Judicial), High Court of Judicature of Bombay, Bench at Aurangabad Versus The Union of India, The Secretary, Ministry of Home Affairs, Government of India, New Delhi & Others In the High Court of Bombay at Aurangabad
17-08-2020 M/s. Barnala Builders & Property Consultants Through Its Accounts Head, Zirakpur Versus Capt. U.C. Arora National Consumer Disputes Redressal Commission NCDRC
17-08-2020 V. Ramana Versus The State of AP High Court of Andhra Pradesh
14-08-2020 Nandyala Venkata Prasad Versus The State of A.P. High Court of Andhra Pradesh
14-08-2020 R. Suresh Kumar Versus The Government of Tamil Nadu, Secretary to Home Department, Chennai & Others Before the Madurai Bench of Madras High Court
14-08-2020 Salman @ Baba Versus The State of Maharashtra through its Secretary, Home Department, Mantralaya, Mumbai-32 & Others In the High Court of Bombay at Nagpur
14-08-2020 Kasmikoya Biyyammabiyoda & Others Versus Union of India, Represented by Home Secretary, Secretariat, Government of India, New Delhi & Others High Court of Kerala
13-08-2020 T.D. Bhavani Versus State of A.P. rep. by its Registrar General, High Court at Amaravati & Others High Court of Andhra Pradesh
13-08-2020 A. Pushpaganthi Versus The State rep by its the Home Secretary (Prison), Secretariat, Chennai & Others High Court of Judicature at Madras
11-08-2020 Thripurala Suresh Versus The State of Telangana, rep., by its Principal Secretary to Government, Home Department & Others High Court of for the State of Telangana
07-08-2020 S. Thangam Versus The Home Secretary Home Department Secretariat, Chennai & Others High Court of Judicature at Madras
07-08-2020 S. Thangam Versus The Home Secretary Home Department Secretariat, Chennai & Others High Court of Judicature at Madras
07-08-2020 Mohemmed @ Bava Versus State of Kerala, Represented by The Secretary to Home, Secretariat, Thiruvananthapuram & Others High Court of Kerala
06-08-2020 Vadde Padmamma Versus The State of Telangana, Rep. by its Principal Secretary to Government, Home Department, Secretariat BRKR Bhavan, Hyderabad & Others High Court of for the State of Telangana
05-08-2020 L. Srinivasan Versus The Home Secretary (Prison), Secretariat, Chennai & Others High Court of Judicature at Madras
04-08-2020 Union of India, Rep by its Secretary to the Government, Department of Home Affairs, New Delhi & Others Versus Siva Lakshmi High Court of Judicature at Madras
03-08-2020 Baliram Versus The State of Maharashtra Through its Section Officer Home Department (Special) Mantralaya & Others In the High Court of Bombay at Aurangabad
30-07-2020 C.R. Mahesh Versus Union of India, Represented by The Secretary, Ministry of Home Affairs, Government of India, New Delhi & Others High Court of Kerala
30-07-2020 Chegireddy Venkata Reddy Versus The Government of Andhra Pradesh, rep. by its Principal Secretary, Department of Home, Secretariat Building, Velagapudi, Amaravai High Court of Andhra Pradesh
27-07-2020 M/s. Sealand Builders Pvt. Ltd., Represented by Its Director Shaji K. Mathew, Vyttila Versus The Revenue Divisional Officer, Fort kochi & Others High Court of Kerala
21-07-2020 Divya Gulati Versus State of A.P. rep. by its Principal Secretary Medical Health & Family Welfare Department, Velagapudi & Another High Court of Andhra Pradesh
17-07-2020 M.G. Jose & Others Versus State of Kerala, Represented by Secretary, Government of Kerala, Department of Home Affairs, Government Secretariat, Thiruvananthapuram High Court of Kerala
16-07-2020 Sasikala Versus The Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai & Another High Court of Judicature at Madras
16-07-2020 Sk. Imran Ali Versus The State of Telangana, rep. by its Prl. Secretary, Home Department, Secretariat, Hyderabad & Others High Court of for the State of Telangana
14-07-2020 K. Deepa Versus State of Kerala, Represented by Secretary to Government, Department of Home Affairs, Government Secretariat, Thiruvananthapuram & Others High Court of Kerala
13-07-2020 Radhakrishnan Versus The Home Secretary (Prison) Home Department, Secretariat, Chennai & Others High Court of Judicature at Madras
09-07-2020 R.N. Arul Jothi & Others Versus The Principal Secretary to Government Home (Cts.V) Department Secretariat Chennai & Others High Court of Judicature at Madras
08-07-2020 T. Angayarkanni Versus The Home Secretary (Prison), Home Department, Secretariat, Chennai & Others High Court of Judicature at Madras
08-07-2020 Velankani Information Systems Limited, Represented by its Manging Director, Kiron D. Shah Versus Secretary, Ministry of Home Affairs Government of India, New Delhi & Others High Court of Karnataka
06-07-2020 S.K. Nooruddin Versus State of A.P., rep. by Public Prosecutor High Court of Andhra Pradesh
03-07-2020 Makuko Chukwuka Muolokwo Versus The State of Karnataka, Represented by its Secretary Home Department, Bengaluru & Others High Court of Karnataka
02-07-2020 Vettaiyan Versus The Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai & Another High Court of Judicature at Madras
02-07-2020 Esakkimuthu Versus The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Chennai & Others. Before the Madurai Bench of Madras High Court
01-07-2020 V. Vijayakumarasamy Versus The Government of Tamil Nadu represented by The Principal Secretary to Government Home (Transport II) Department, Secretariat, Chennai & Another High Court of Judicature at Madras
01-07-2020 R. Thangam Versus The Principal Secretary to Government, Home Department (Police IV) & Others High Court of Judicature at Madras
01-07-2020 Sulochani Versus State of Tamil Nadu Rep.by Additional Chief Secretary to Government Government of Tamil Nadu Home, Prohibition & Excise Department Chennai & Others Before the Madurai Bench of Madras High Court
30-06-2020 Dhanalakshmi Versus The Additional Chief Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai. Before the Madurai Bench of Madras High Court
30-06-2020 Kamala Versus The State represented by its: The Secretary to Government (Home) Prohibition & Excise Department, Government of Tamil Nadu, Chennai & Another High Court of Judicature at Madras
30-06-2020 Andhra Pradesh Eastern Power Distribution Company Ltd., AP. & Others Versus Kimudu Monu & Others National Consumer Disputes Redressal Commission NCDRC
29-06-2020 Malar Versus The Principal Secretary to Government (Home), Prohibition & Excise Department, Government of Tamilnadu, Chennai & Another High Court of Judicature at Madras
29-06-2020 R. Sampath Versus Union of India, Ministry of Home Affairs, rep. by its Secretary, New Delhi & Others High Court of for the State of Telangana
26-06-2020 M/s. Kuber Builders a registered partnership Versus Union of India, Through Chief Commissioner of Income Tax High Court of Judicature at Bombay
25-06-2020 India Pentecostal Church of God, Represented by Its General President, Pastor (Dr.) T. Valson Abraham & Another Versus Government of India, Represented by Its Secretary, Ministry of Home Affairs, New Delhi & Others High Court of Kerala
25-06-2020 Sintu Kumar Versus State of Bihar Through Principal Secretary, Department of Home, Government of Bihar, Patna & Others High Court of Judicature at Patna
22-06-2020 Vemuri Swamy Naidu Versus The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District & Others High Court of for the State of Telangana
19-06-2020 State of Kerala, Represented by The Additional Chief Secretary To Government, Home & Vigilance Department, Government Secretariat, Thiruvananthapuram & Others Versus P. Pradeepkumar, Deputy Superintendent of Police, Crime Records Bureau, Office of the District Police Chief, Thrissur Rural, Residing at Cheruvaickal, Sreekaryaym, Thiruvananthapuram High Court of Kerala
18-06-2020 Bhawan Singh Garbyal & Another Versus State of U.P. Through Addl. Chief Secy. Home & Others High Court Of Judicature At Allahabad Lucknow Bench
18-06-2020 M/s. Gurudatta Builders & Others Versus Aaron Enoch Ashtamkar National Consumer Disputes Redressal Commission NCDRC
18-06-2020 M/s.Vaibhav Laxmi Builders & Developers Versus Laxmibai Chinduji Puram National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Puli Vamsi Krishna Versus State of A.P., rep. by the Public Prosecutor High Court Amaravathi High Court of Andhra Pradesh
17-06-2020 K.O.B. Prabhakar Babu, Chittoor Dist. Versus State of A.P., rep. Special Public Prosecutor for ACB rep. by its Special Public Prosecutor High Court High Court of Andhra Pradesh
17-06-2020 Palla Shanthi Kiran Versus The State of A.P. rep. by Public Prosecutor, High Court Buildings, Amaravati & Another High Court of Andhra Pradesh
17-06-2020 Shankar Saran Versus Chairman & Managing Director Eastern Power Distribution Co. of A.P. National Consumer Disputes Redressal Commission NCDRC
16-06-2020 Jitendra Mohan Singh Versus State of U.P. Thru. Prin. Secy. Home & Others High Court Of Judicature At Allahabad Lucknow Bench
12-06-2020 M/s. J.S. & M.F. Builders Versus A.K. Chauhan & Others High Court of Judicature at Bombay
12-06-2020 P.P. Ramachandra Kaimal Versus State of Kerala, Represented by Secretary To Government, Department of Home, Kerala Government Secretariat, Thiruvananthapuram & Others High Court of Kerala
11-06-2020 J. Antony Jayakumar Versus The State of Tamil Nadu rep. by Additional Chief Secretary to Government, Department of Home (Prison IV), Chennai & Others High Court of Judicature at Madras
11-06-2020 G. Gnaneshwar Versus The State of A.P., rep. by Spl. Public Prosecutor for ACB, Hyderabad High Court of for the State of Telangana
05-06-2020 State of Orissa Versus M/s. B. Engineers & Builders Ltd. & Others Supreme Court of India
04-06-2020 Surya Versus The State of Tamil Nadu Rep. by its Principal Secretary to Government, Home, Prohibition and Excise Department, Chennai & Others Before the Madurai Bench of Madras High Court
04-06-2020 Gattu Vaman Rao Versus State of A.P., rep. by its Public Prosecutor High Court of for the State of Telangana
04-06-2020 M. Sujatha Versus State represented by the Secretary to Government Department of Home & Another High Court of Judicature at Madras
03-06-2020 P. Murugesan Versus State of Tamil Nadu rep. By its Secretary to Government, Home (Police) Department, Chennai & Others High Court of Judicature at Madras
02-06-2020 Balraj Versus State of Tamil Nadu, rep. by the Secretary to Government, Home, Prohibition and Excise Department, Chennai & Others Before the Madurai Bench of Madras High Court
02-06-2020 Nayee Soch Society (Regd.) Versus Ministry of Home Affairs & Others High Court of Delhi
29-05-2020 Vijay Ganesh @ Vijay @ Kurangu Vijay Versus State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home, Prohibition and Excise (IX) Department & Others Before the Madurai Bench of Madras High Court
26-05-2020 L. Jayalakshmi Versus The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai & Another High Court of Judicature at Madras
19-05-2020 Brij Kishore Dwivedi Versus Union of India, represented by and through the Secretary to the Government of India, New Delhi in the Ministry of Home Affairs, South Block, New Delhi & Others High Court of Tripura