Allowed

M/s Dixon Stock broking (Pvt.) Ltd. v. State of Telangana and 3 others

Telangana HC7 Dec 2022WP/3920/2022

Case brief

AI extract

What is this about?

The single judge allowed a writ petition challenging refusal of respondents to release attached properties. Ruling that an earlier order raising the attachment superseded the original G.O., the court directed removal of entries within four weeks.

What did the court decide?

Direction to respondents to remove entries attaching the petitioner's properties pursuant to the G.O. dated 29.01.2007 within four weeks from the date of receipt of this order.

M/s Dixon Stock broking (Pvt.) Ltd. Vs State of… — Banking and Recovery | Telangana HC (2022)

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[^32s6 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO: 3920 OF 2022

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Between:

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M/s Dixon Stock broking (Pvt.) Ltd., having its registered officeat C- l 16, Mayur Kushal Complex, Abids, Hyderabad, represented by its Director, Sri. Hemraj Baid, S/o Jai Chand Lai Baid.

...PETITIONERS

AND

State of Telangana, represented by the Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad-500 022(T.S.)

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District Registrar, Stamps and Registration, O/o District Registrar of Assurances, Hyderabad (South),2nd Floor, Nayeem Estate, H. No.8-31 661512, Erragadda, HYDERABD-500 01 8(I.S.).

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The Sub-Regiskar, Office of the Registrar, Banjara Hills, Erragadda, Hyderabad.

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The Sub-Registrar, Office of the Regiskar, Medchal, Ranga Reddy District, T.S.

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Principal Secretary to Government of AP, Home General B Department Secretariat, Velagapudi 522237 (AP Guntur District A.P.

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R5 is impleaded as per C.O. dt. 2310312022 in l.A. No.212022

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...RESPONDENTS

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Petition under Article 226 ol the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or writ, more appropriately, A WRIT OF MANDAMUS to declare the impugned action of the Respondents, particularly, the 2nd to 4th Respondents in refusing to release the attached properties of the Petitioner under the impugned G.O. No. 20, Home (General-B) Department, Government of Andhra Pradesh, dated. 2910112007, when the same has been settled by the Hon'ble High Court of A.P., Amaravathi in Crl. R.C. No. 1801 of 2008, 1802 of 2008 and'1803 of 2008, dated.'1610712021 by virtue of LokAadaalat awards passed by the Court below and passing the impugned letter by /'

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the 2nd^{Respondentvide Memo. No. G/4632/Prohibition/2021,dated. 2410912021} is illegal^{and set aside the same and further directthe Respondentsherein to} release^{the attached propertied of the Petitioner underthe impugnedG.O. Ms.No.} 20, Home^{(General-B.)Department, Governmentof Andhra Pradesh, Dated.} 2910112007 forthwith,

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lA NO: 3 OF 2022

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Petitron under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suoport of the petition, the High Court may be pleased to receive the following documents, i.e., (1) deleting the charges framed under Sections 23(1) (C) of the Securities Contracts (Regulation) Act, 1956 and Charge under Sec. 5 of the h.P Protection of Depositors of Financial Establishment Act, 1999, vide Court orders passed in C.C. No. 1 of 2007,dated. 1510712008 and (2) Raising of attachmenl orders passed by the Government of A.P., in G.O. No. 20, Home(General-B) Department, dated. 2910112007, in Crl. M. P. No. 177 of 2008, dated.3110712008 passed by the Special Court to Try the cases Under The A.P. Protection of Depos,tors of Financial Establishment Act -Cum- Metropolitan Sessions Judge, Visakhapatnam, as additional material papers in the above W. P. No. 3920 of 2022:

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.--

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Counsel for the Petiti:nr:r: SRl. K RAJANNA

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Counsel for the Respondents Rl TO R4: GP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION No. 3920 OF 2022

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ORDER:

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This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondents in paiticular, the action of respondent Nos.2 to 4 in refusing to release the attachment ordered through G.O.Ms No.20, Home (General-B) Department, d,ated 29.01.2007 issued by the then erstwhile Government of Andhra Pradesh by making necessa-ry entries in the records of the respondent Nos.2 to 4 as illegal ald arbitrary.

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Through the said G.O.Ms No.2O, Home (General-B) Department, d,ated, 29.01.2007 an add-interim order was passed under Section 3 of the Andhra Pradesh Protection Depositors of Financial Establishments Act, 1999 (Act No. 17 of 1999) (for short 'the Act, 1999J, thereby the properties of the Director of the petitioner company were attached. Consequent thereon the appropriate entries are made in the records of respondent Nos.2 to 4.

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It is the case of the learned counsel for the petitioner that the said attachment was ordered, pending disposal of the crime Nos.2

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?- MSK,J \w]920_2022

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of 2006,3 ol 2006 and 4 of 2006 registered with Central Crime Station, unit ol Visakhapatnam City and the said crimes were compounded ancl the attachment that was ordered under G.O.Ms No.20, Home ((ilenerat-B) Department, dated 29.01.2007 was already raised by the Court to try the cases under the Act, 1999 cum Metropolitan Sessions Judge, Visakhapatnam by an order dated 15.07.2008 and a copy of the said order is placed on record. 4. A perusal of the said order in C.C.No.O1 of 2007, dated 15.O7.2OO8 shou s that the attachment ordered in G.O.Ms No.20, Home (General B) Department, dated 29.O1.2OO7 is raised through the said order, dated 15.07.2008. 5. Accorcling to learned counsel for the petitioner, the said order is alrcadl' brought to the notice of respondent Nos.2 to 4, but respondent Nos.2 to 4 are insisting for obtaining a G.O. from the Government raising attachment. The compounding of the offence as contended by the petitioner herein is also shown to have been taken note of by the High Court of Andhra Pradesh at Amaravati and the Criminal Revision Cases in Criminal RC Nos.18Ol, 1802, and 18O3 of 2OO8 that were pending in respect of the very same crimes are also closed in terms of the order passed before the

MSK.J w_3920_2022

Lok-Adalat by an order, dated, 16.07.2021, a copy of the order, dated 16.07.2021 is also placed on record. From the perusal of the said order, it is noticed that the High Court of Andhra Pradesh at Amaravati also has taken note of the compounding of the offences before Legal Services Authority concerned.

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In the light of the above, and on perusal of the material on record especially, the order in C.C.No.1 of 2OO7, dated 15.07.2OO8 it is evident that the attachment ordered through G.O.Ms No.2O, Home (General-B) Department, dated 29.O1.2OO7 was raised, and as such the action of respondent Nos.2 to 4 in continue to treat the attachment ordered through G.O.Ms No.2O, Home (General-B) Department, dated 29.01.2007 as subsisting is totally without any authority of law.

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Accordingly, the Writ Petition is allowed directing respondent Nos.2 to 4 to remove the properties being claimed by ttre petitioner which are attached pursuant to the G.O.Ms No.2O, Home (Genera-l-B) Department, d,ated 29.O1.2OO7 and remove all such entries attaching the properties within a period of four (O4) weeks from the date of receipt of a copy of this order.

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MSiqj wp 3920²⁰²²

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As a sequel,^{miscella;teousapplications' pendingif any in}

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this Writ Pctition,^{shallstandclosed'There shall be no order as to}

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costs.

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SD/. N. SRIHARI ASSISTANT REGISTRAR I

//TRUE COPY//

SECTION FFICER

To,

The Principal Secretary, Revenue(Stamps and Registration) Department, Secretariat, State of Telangana, Hyderabad-500 022(T.S.)

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District Registrar, Stamps and Registration, O/o District Registrar of Assurances, Hyderabad(South), 2nd Floor, Nayeem Estate, H. No. 8-3-166/5/2, Erragadda, HYDERABD-500 01 8(T.S.).

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The Sub-Registrar, Office of the Registrar, Banjara Hills, Erragadda, Hyderabad.

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The Sub-Registrar, Office of the Regiskar, Medchal, Ranga Reddy District, T.S.

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Principal Secretary to Government of AP, Home General B Department Secretariat, Velagapudi 522237 (AP Guntur District A.P.

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One CC to SRI K RAJANNA Advocate [OPUC]

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Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana, Hyderabad. [OUT]

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Two CD Copies

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HIGH COURT

MSKJ

DATED: 07112t2422

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ORDER

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WP.No.3920 of 2022

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WRIT PETITION IS DISPOSED OF WITHOUT COST

M/s Dixon Stock broking (Pvt.) Ltd. v. State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

M/s Dixon Stock broking (Pvt.) Ltd. v. State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

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