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2025 Supreme(Online)(Tel) 35513

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
G.Sita Devi – Appellant
Versus
The Government of India – Respondent
WP 29129/2025



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WRIT PETITION No. 29129 of 2025

02nd December, 2025 BETWEEN G. Sita Devi W/o Sri G.H. Rao, … Petitioner AND

1. The Government of India, and Others … Respondents

ORDER:

The petitioner is aggrieved by the inaction of the 2nd respondent-

Deputy Director, Enforcement Directorate, in considering the petitioner’s request dated 04.12.2024 seeking to release her property from the Provisional Attachment vide PAO No.15/2023 dated 20.12.2023 issued under Section 5(1) of Prevention of Money Laundering Act, 2002 (FN/ECIR/HYZO/42/2022/3562, dated 21.12.203), as illegal, arbitrary and against the principles of natural justice, and consequently direct the 2nd respondent to forthwith release the property vide Flat Nos.201 & 402 in HARAS HABITAT along with undivided share of land constructed on Plot No.77 in Survey No.74 & 75, Madhapur Village, GHMC, Serilingampally 2. Heard learned counsel for the petitioner, and learned Government Pleader for the respondents. Perused the record.

3. At the hearing, learned Government Pleader referred to paragraph No.4 of the counter affidavit filed on behalf of the 2nd respondent-Directorate of Enforcement, wherein it is stated as follows:

“4. In reply to para 2 it is further submitted that during the course of investigation, a number of immovable properties connected to the said builder and its associates were brought under attachment. Flat Nos.201 and 402 in Haras Habitat also came to be included in the attachment since there were part of the project undertaken by the builder under investigation. However, upon verification of documents subsequently produced by the petitioner, it has come to the notice of this respondent that the said flats represent the Petitioner’s lawful entitlement as a landowner under a registered Development Agreement-cum-GPA of 2011, and were not acquired through or connected with the alleged proceeds of crime. Accordingly, this Hon’ble Court may record that the respondent shall take appropriate steps to exclude the said flats from the attachment order, while continuing attachment of other properties genuinely involved in money laundering.”

4. In view of the unequivocal stand of the respondent-Enforcement Directorate, in the counter affidavit,that the subject properties are lawful entitlement of the petitioner as landowner and the Enforcement Directorate is taking steps to exclude the properties of the petitioner from the attachment, the grievance of the petitioner stands redressed.

5. Accordingly, the writ petition is allowed, directing the respondent- Enforcement Directorate to forthwith release the property of the petitioner, i.e., Flat Nos.201 and 402, of Haras Habitat, along with undivided share of land constructed on Plot No.77, in survey No.74 & 75 of Madhapur village, order). No costs. Miscellaneous petitions pending, if any, shall stand closed.

________________________________

WRIT PETITION No. 29129 of 2025

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