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3. As per the complaint dated 07.09.2021, the allegations levelled against the petitioners herein are as follows :

Telangana Housing Board (successor of erstwhile AP Housing Board), represented by its Executive Engineer (Hg) is the KL,J WP_33933_2021 & CRL.P_7184_2021 complainant. A news article was published in Eenadu Daily Newspaper on 27.01.2021 stating that illegal registrations have taken place in respect of certain houses in Housing Board Colonies at Laxmiguda and Raviryala. Basing on the said news item, Vice-Chairman and Housing Commissioner, Telangana Housing Board has ordered enquiry and requested the Chief Engineer, Telangana Housing Board to enquire into the said allegations and submit a report and accordingly, an enquiry was conducted and a report was submitted. In the said report, the Enquiry Officer has stated that a scam, fraud and cheating has been committed by certain persons including the petitioners herein in respect of House Nos.126/HIG-II/Phase-IV, Laxmiguda, 82/HIG-II/Phase-IV, Laxmiguda and 42/HIG-II/Phase-IV, Laxmiguda. Komal Yadav, Smt.Suman Prasad and Upender Prasad have obtained valuable Housing Board property, which is a public property as the Housing Board is a Government body, without paying its consideration, in collusion with some employees of the Housing Board, who mis-lead the higher authorities as if the sale consideration and other dues were paid. The modus operandi adopted by the petitioners herein / accused KL,J WP_33933_2021 & CRL.P_7184_2021 in committing the said fraud is also specifically mentioned in the report as well as in the complaint dated 07.09.2021.

6. Whereas, Sri C.Buchi Reddy, learned counsel for the de-facto complainant, basing on the counter filed by the 2nd respondent would submit that the Investigating Officer has submitted his report dated 19.02.2021 reporting that clear fraud, cheating, illegalities and irregularities have taken place with respect to registration of the above said three sale deeds, which is specifically mentioned in the counter.

7. In respect of the house No.126/HIG-II/Phase-IV, Laxmiguda, it is specifically mentioned that the same was allotted to S.Vijay Kumar, which was cancelled as he opted out and thereafter the said house was not re-allotted to anybody. Hence, the said house is continuous to be the property of Telangana Housing Board and should have been vacant under the lock and key of Telangana Housing Board and it is to be re-allotted/sold in a public auction. However, during enquiry, it was found that the said house was registered in favour of 1st petitioner herein illegally, who is not an allottee of the said house. He is no way KL,J WP_33933_2021 & CRL.P_7184_2021 entitled for registration. The said sale deed bearing No.2630 of 2020 was obtained orally by making false statement. Thus, the first petitioner is not an allottee and he has not paid consideration to Telangana Housing Board, as recited in the said sale deed. The alleged sale consideration of Rs.29,47,000/- is at lower side and it is not based on the actual cost. Thus, he has cheated Telangana Housing Board, a Government body, in collusion with some of its employees.

9. In respect of house No.42/HIG-II/Phase-IV, Laxmiguda, during enquiry, it was found that the third petitioner, allottee has obtained registered sale deed bearing document No.3576 of 2018, dated 27.03.2018 without its sale price being paid to the Housing Board. A false statement was made that he has paid Rs.4,72,569/-, which is actually not correct and the Telangana Housing Board has not received the said amount. The third petitioner in turn sold the said property to Baban Rai under registered sale deed bearing document No.3486 of 2019, dated 01.04.2019 for Rs.36,00,000/-. Therefore, the 3rd petitioner has committed fraud and cheating on Telangana Housing Board. It is further mentioned that Telangana Housing Board has filed three suits vide O.S.Nos.981 of 2021, 982 of 2021 and 983 of 2021 against the petitioners herein and subsequent purchaser to declare that the Telangana Housing Board is the owner of the schedule property and for perpetual injunction. The said suits are pending. The learned counsel for the de-facto complainant KL,J WP_33933_2021 & CRL.P_7184_2021 would further submit that the matter is at crime stage and several factual aspects have to be considered by the Investigating Officer during investigation. In a matter like this scuttling of investigation at the threshold is not warranted. Stating thus, he sought to dismiss this petition.

15. In paragraph Nos.7 and 8 of the counter, the 5th respondent has specifically mentioned that some of the employees of Telangana Housing Board have mislead the higher authorities by tampering with the records and therefore, Telangana Housing Board is also initiated disciplinary proceedings for taking disciplinary action against its employees, found to be involved. Hence investigation by the police is required for finding out, who are all involved in the said scam and for taking action, disciplinary action against them including the prosecution, departmental action etc. It is further contended that Telangana Housing Board shall also take steps for initiating disciplinary KL,J WP_33933_2021 & CRL.P_7184_2021 proceedings and taking departmental action apart from criminal prosecution against its employees, who may found to be involved in the said fraud, cheating and scam in collusion with the petitioners in the enquiry.