The High Court will generally not interfere under Article 226 of the Constitution of India when a statutory mechanism for adjudicating property attachment exists and proceedings are already pending before the competent court where the party has an opportunity to be heard.

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to pass an Order, Direction or Writ and more particularly one in the nature of Writ of Mandamus declaring G.O.Rt.No.413, Home (Passports) Department, dated 21-03-2018, issued under Section 3 of the Telangana State Protection of Depositors of Financial Establishment Act, 1999, thereby passing ad-interim order for attachment of the properties alleged to be standing in the names of the accused as shown in the annexure-I appended to the orders, including therein the Flat Nos.201, 303, 304 and 401 in Sai Prakash Residency, on the land of plot Nos.37, 38, 52 and 53, forming part of Survey Nos.106 and 107, in Ward-1, Block-2, situated at Kothapet village, Uppal mandal, Ranga Reddy district, belonging to the petitioners, as illegal, arbitrary, high handed, violative of said provision of Section 3 and also the principles of natural justice, to set it aside and consequently direct the respondents not to trouble the petitioners and their tenants therein….”

2. Heard Mr. Shyam S Agrawal, learned counsel for the petitioners and Mr. D. Pradeep, learned Assistant Government Pleader for Home, appearing for respondent Nos.1 to 5.

3. Learned counsel for the petitioner submits that the present writ petition has been filed challenging the provisional attachment of the petition-mentioned Flat belonging to the petitioner in Crime No. 111 of 2016, and seeks appropriate directions from this Court. It is contended that the subject property was purchased much prior to the registration of the said crime and was subsequently gifted to the petitioner. The petitioner asserts that he has no connection whatsoever with the alleged offences forming the subject matter of the said crime. On the strength of these submissions, learned counsel contends that the provisional attachment of the property is unwarranted and seeks appropriate directions from this Court.

4. Learned Assistant Government Pleader for Home submits that the property in question was attached pursuant to G.O.Rt. No. 413, Home (Passports) Department, dated 21.03.2018, in connection with a crime registered under the provisions of the Telangana State Protection of Depositors of Financial Establishments Act, 1999 . It is further submitted that proceedings for making the provisional attachment absolute are presently pending in C.C. No. 04 of 2018 on the file of the learned Metropolitan Sessions Judge, Hyderabad, which is the competent Court under the said enactment to adjudicate matters relating to attachment of properties. It is also brought to the notice of this Court that notice has already been served upon the petitioner in the said proceedings. Learned Assistant Government Pleader would therefore contend that the competent Court is seized of the matter and is empowered to examine all relevant aspects, including the claim of the petitioner over the property. It is further submitted that any directions issued by this Court in the present writ proceedings may prejudice the prosecution case and interfere with the statutory adjudicatory process. Accordingly, dismissal of the writ petition is sought.

5. I have perused the material available on record.

6. The grievance of the petitioner pertains to the provisional attachment of the property in the aforesaid crime. However, the explanation offered by the learned Assistant Government Pleader for Home indicates that proceedings for making the attachment of the property absolute are presently pending before the le