Andhra Pradesh High Court - AmravatiD. Chandrasekhar, vs The State Of Andhra Pradesh on 30 January, 2020Bench: U.Durga Prasad RaoHON'BLE SRI JUSTICE U.DURGA PRASAD RAO\n\n                WRIT PETITION NO.1832 of 2020\n\nORDER:The petitioner seeks a Writ of Mandamus declaring the property\n\nof the petitioner purchased under a registered sale deed dated\n\n17.07.2013 with Registration No.4495 of 2013 in Plot No.26 of\n\nS.No.213 of No.24, Chennayagunta Village Accounts, No.8\n\nMangalam Group, Tirupathi Urban Mandal is unrelated to\n\nG.O.Ms.No.21 Home (General-A2) Department, dated 29.02.2016\n\nissued pursuant to ad interim order of attachment by 3rd respondent\n\nand the action of seeking the order of attachment absolute in Crime\n\nNo.3 of 2015 on the file of Special Court, Eluru, as illegal and\n\nconsequently to declare the impugned order of freezing aforesaid\n\nmentioned property of petitioner as invalid.2.    The petitioner's case succinctly is thus:M/s Agri Gold Farm Estates Private Limited, being the owner\n\nof Ac.14.76 cents of land in S.No.213 of No.24, Chennayagunta\n\nVillage Accounts, No.8 Mangalam Group, Tirupathi Urban Mandal,\n\nlaid real estate venture by obtaining layout approved plan from TUDA\n\nunder D.S.L.P.No.42/G1/2007 on 19.12.2007 and started selling\n\nlayout plots. The petitioner purchased 241.5 square yards of Plot\n\nNo.26 in S.No.213 in No.24, Chennayagunta Village Accounts for a2sum of Rs.3,63,000/- under a registered sale deed dated 17.07.2013\n\nand enjoying the said property.(b)   Further case of the petitioner is that later he came to know that\n\nM/s Agri Gold Group Farm & Estates Private Limited was involved in\n\ncriminal cases on the allegations that it collected deposits by\n\npromising payment of higher rate of interest and defaulted and several\n\ndepositors have lodged complaints and the police concerned registered\n\ncriminal cases against the promoters of M/s Agri Gold Group. It is\n\nfurther learnt that the CID Department has taken up action against the\n\npromoters.(c)   Further case of the petitioner is that recently, he came to know\n\nthat by invoking the provisions of Section 3 of A.P. Protection of\n\nDepositors of Financial Establishment Act, 1999 (for short\n\n"Depositors Act"), the 3rd respondent herein issued ad interim order\n\nof attachment of S.No.213 covering Ac.14.76 cents of land in No.24,\n\nChennayagunta Village Accounts, which comprises of the petitioner's\n\nplot also. It is further learnt that applications were filed in the Special\n\nCourt, Eluru by the 3rd respondent to make ad interim order of\n\nattachment absolute.(d)   Further case of petitioner is that he has absolutely no\n\nknowledge about the ad interim order of attachment said to have been\n\nmade by the 3rd respondent and his filing applications before the\n\nSpecial Court, Eluru seeking to confirm the interim attachment made\n\nby him in respect of various properties including the petitioner's plot.3Recently, the petitioner came to know about the said fact and since the\n\npetitioner has nothing to do with the misdeeds, if any, of the vendors\n\nM/s Agri Gold Group, and the petitioner being a bonafide purchaser\n\nfor value, his property is not liable for attachment and making\n\nabsolute of the said attachment.Hence, the writ petition.3.    Learned Government Pleader attached to the office of Advocate\n\nGeneral takes notice on behalf of respondents 1 to 3; learned\n\nGovernment Pleader for Revenue takes notice on behalf of 4th\n\nrespondent and learned Government Pleader for Stamps &\n\nRegistration takes notice on behalf of respondents 5 and 6.4.    Heard.5.    The grievance of the petitioner as ventilated by his learned\n\ncounsel is that the petitioner being a bonafide purchaser of the plot for\n\nvalue from M/s Agri Gold Group, he is not concerned with any of the\n\nmisdeeds committed by his vendors in respect of non-payment of\n\ninterest to the fixed deposits of the third parties.     Therefore, the\n\npetitioner's property is not liable for attachment. Further, the\n\npetitioner was not given any notice either by 3rd respondent or by the\n\nSpecial Court, Eluru till date and therefore, on that ground also the\n\nattachment is not legally sustainable. Thus, he prayed to allow the\n\nwrit petition.46.     Per contra, the learned Government Pleader would argue that in\n\nview of huge misdeeds and high magnitude of evasion of payments on\n\nfixed deposits committed by M/s Agri Gold Group, the complaints\n\nmade by gullible depositors have been registered and the matters have\n\nbeen entrusted to CB-CID by the Government. Further, in order to\n\nprotect the interest of the depositors and other related persons, the\n\nGovernment have appointed the Additional Director General of\n\nPolice, CID, who is 3rd respondent herein as the competent authority\n\nvide   G.O.Ms.No.193,     Home     (General.B)    Department,    dated\n\n23.08.2001 and by virtue of G.O.Ms.No.21, Home (General-A2)\n\nDepartment dated 29.02.2016 and in exercise of the powers under\n\nSection 3 of Depositors Act, issued an ad interim order of attachment\n\nof immovable properties relating to M/s Agri Gold Farms & Estates\n\nIndia Pvt. Ltd., and requested to take further action in the matter as\n\nper the provisions of the Depositors Act.        Learned Government\n\nPleader would submit that pursuant to the aforesaid instructions of the\n\nGovernment, the 3rd respondent has moved applications in Crime No.3\n\nof 2015 before the Special Court, Eluru for confirming the interim\n\nattachment. He would further submit that those applications filed by\n\nthe 3rd respondent are pending consideration before the Special Court,\n\nEluru. He would, thus argue that the petitioner can approach the\n\nSpecial Court, Eluru and file an application seeking to raise interim\n\nattachment made in respect of property purchased by him, if he is so\n\nadvised.57.    This Court gave anxious consideration to the above respective\n\narguments and found force in the submission of learned Government\n\nPleader. Since, it is brought to the notice of this Court by the learned\n\nGovernment Pleader that the petitions filed by the 3rd respondent\n\nbefore the Special Court, Eluru seeking to confirm the interim\n\nattachment are still pending, the petitioner can be given liberty to\n\napproach the Special Court, Eluru and file application seeking to raise\n\ninterim attachment made in respect of his property.8.    Accordingly, this writ petition is disposed of giving liberty to\n\nthe petitioner to file petition before the Special Court, Eluru seeking to\n\nraise interim attachment made in respect of his property, in which\n\ncase, the Special Court, Eluru, if already not confirmed the\n\nattachment, shall afford a notice to all concerned and after conducting\n\nan enquiry, pass an appropriate order strictly in accordance with law\n\nexpeditiously, but not later than three months from the date of filing\n\napplication by the petitioner. No costs.As a sequel, interlocutory applications pending, if any, shall\n\nstand closed._________________________\n                                           U.DURGA PRASAD RAO, J\n\n30th January, 2020\n\npvd