Telangana High Court
M/S Adobe Realtors Pvt. Ltd. vs State Of Telangana on 23 June, 2025
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.5535 of 2025
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
"....to issue a Writ, Order or direction more particularly in the nature of Mandamus declaring the action of the Respondents continuing to place Land admeasuring Ac.28.8 gts situated in Sy.No.609 Nadargul Village, Saroor Nagar, Ranga Reddy District, Telangana in List of Prohibited Properties under Section 22A of the Registration Act, 1908 despite Order dated 20.12.2024 passed by the Hon'ble Special Judge (PC Act) (CBI) (Coal Block Cases)-02 RADC/New Delhi in Misc DJ/ASJ/572/2024 in ECIR No.02/HZO/2013 releasing the same from attachment of 5th Respondent as being contrary to the said Order provisions of Registration Act, 1908 and in consequent violation of Articles 14, 19(1)(g) and 300A of the Constitution of India and consequently direct the Revenue Authorities to remove the aforesaid property i.e. Land admeasuring Ac.28.8 gts situated in Sy.No.609 Nadargul Village, Saroor Nagar, Ranga Reddy District, Telangana from list of Prohibited Property and make necessary changes in the Revenue Records by considering the Applications filed by the Petitioner on Dharani Portal with Transaction ID 31BJH0001805991 with Dharani Ref No. 2500000707 dated 22.01.2025 and Representations dated 21.01.2025...."
2. Considered the submissions of Ms. Pratusha Boppana, learned counsel for the petitioner; Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4; Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing for respondent No.5, and perused the record.
3. It is stated that the petitioner is a Company incorporated under the provisions of the Companies Act, 1956, and during the course of its business, it has purchased land admeasuring Ac.28.8 2 guntas in Sy.No.609 situated at Nadargul Village, Saroor Nagar, Ranga Reddy District, under registered sale deeds bearing document Nos.11556 and 11558 of 2007, dated 09.08.2007. While so, the Central Bureau of Investigation has registered a case in FIR No.219/2012/E/0011 under Section 120B and 420 of IPC, 1860 read with Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, against one M/s. Navbharat Power Private Limited, Y. Harish Chandra Prasad, Sh. P. Trivikram Prasad and others, wherein the petitioner herein had not been arrayed as accused in the said FIR. The respondent No.5 filed ECIR No.02/HZO/2013 under the Prevention of Money Laundering Act, 2002 against the petitioner herein re-iterating the contents of the FIR filed by the CBI and initiated investigation. It is further stated that a provisional attachment order was passed by respondent No.3 on 22.07.2014, and the same was confirmed by the learned adjudicating authority vide order dated 20.05.2015; and the petitioner had challenged the said order in Appeal No.956 of 2015 before the Appellate Tribunal, PMLA; and pending consideration of the above said proceedings, the persons arrayed as accused by Central Bureau of Investigation in FIR bearing RC No.219/2012/E/0011, were acquitted by order dated 11.12.2024 passed by the Special Judge (PC Act) (CBI) (Coal Block Cases)-02 RADC/New Delhi; and in view of the order dated 11.12.2024, 3 the Special Judge vide order dated 16.12.2024 dismissed ECIR No.02/HZO/2013. It is further stated that in view of dismissal of ECIR No.02/HZO/2013, petitioner filed Misc DJ/ASJ/572/2024 before the Special Judge (PC Act) (CBI) (Coal Block Cases)-02 RADC/New Delhi, seeking to release the subject property under attachment, and the same was allowed vide order dated 20.12.2024. The grievance of the petitioner is that despite the said directions, when the subject property has not been released from attachment, it has submitted number of representations to remove the subject property from attachment, but no action has been taken by the respondent authorities till date.
4. Learned counsel for the petitioner submitted that the petitioner is not arrayed as accused in FIR No.219/2012/E/0011 filed by the CBI, and in view of dismissal of ECIR No.02/HZO/2013 filed by respondent No.5, petitioner filed Misc DJ/ASJ/572/2024 before the Special Judge (PC Act) (CBI) (Coal Block Cases)-02 RADC/New Delhi, and the same was allowed vide order dated 20.12.2024 to release the subject property. Learned counsel for the petitioner further submitted that in the absence of attachment orders, the subject property is liable to be released, but no steps are taken by the respondent authorities.
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5. In view of the above submissions, this Court is of the opinion that ends of justice would be met if the respondent authorities are directed to release the subject property of the petitioner in terms of the order dated 20.12.2024 in Misc DJ/ASJ/572/2024 before the Special Judge (PC Act) (CBI) (Coal Block Cases)-02 RADC/New Delhi, within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above observations, this Writ Petition is disposed of. No order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
__________________________ C.V.BHASKAR REDDY, J Date: 23.06.2025 sus