IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY
NAGARJUNA FERTILIZERS AND CHEMICALS LIMITED – Appellant
Versus
STATE OF ANDHRA PRADESH AND ANO. – Respondent
WP 7852/2009
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY WRIT PETITION No. 7852 of 2009 Date: 02.03.2026 Between:
Nagarjuna Fertilizers and Chemicals Limited … Petitioner And State of Andhra Pradesh (now the State of Telangana)
rep. by its Principal Secretary (Home), Secretariat, Hyderabad and another … Respondents
ORDER
The present writ petition is filed by the writ petitioner seeking the following relief:
“……. to issue a writ, direction or order especially in the nature of the writ of mandamus declaring that the G.O.Ms.No. 158. Home (General B) Department dated 16-3-2009 issued by Respondent No.1 as being unjustified, arbitrary and unlawful in so far as the properties mentioned at S.Nos. 1,2,3,4,5,6,7,8,20 and 23 of the Annexure to G.O.Ms.No. 158, Home (General B) Department are concerned and setting aside the same and, consequently, lifting the attachment of the above properties and pass such further or other order(s) as this Hon'ble Court deems fit and proper in the circumstances of the case. Pending the disposal of the writ petition, it is humbly prayed that this Hon'ble Court may be pleased to pass an order staying all further proceedings pursuant to G.O.Ms. No. 158, Home (General B) Department dated 16-3-2009 issued by Respondent No.1 in so far as the properties mentioned at S.Nos. 1,2,3,4,5,6,7,8,20 and 23 of the Annexure to G.O.Ms.No. 158, Home (General B) Department are concerned and pass such further or other order(s) as this Hon'ble Court deems fit and proper in the circumstances of the case.”
I. BRIEF FACTS
2. The Petitioner i.e., M/s.Nagarjuna Fertilizers & Chemicals Limited (NFCL) is a public limited company incorporated in the year 1985. It is engaged in the manufacture and distribution of fertilizers and allied chemical products. The company is listed on the National Stock Exchange and the Bombay Stock Exchange. Its shareholding includes public shareholders, financial institutions, and the Government of Andhra Pradesh. The Petitioner Company carries on business in the manufacture, production, trading and distribution of fertilizers, manures and their formulations, along with industrial and agro chemicals. It also deals in petrochemicals, dyes, pesticides, fungicides, insecticides, pharmaceutical and biological products, and various chemical preparations. The Company is involved in textile processing materials, laboratory reagents, drugs, and scientific and industrial apparatus. Additionally, it undertakes the manufacture, import, export and distribution of irrigation, water management systems, including drip and micro-irrigation equipment, and fertilisation systems used in agriculture.
3. Various properties belonging to the Petitioner Company came to be attached under G.O.Ms.No.158, Home (General B)
Department dated 16.03.2009, issued under Section 3 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 (for short “the Act”). The attachment was based on complaints alleging default in repayment of public deposits, by M/s. Nagarjuna Finance Limited (‘NFL’).
4. The record discloses that a complaint lodged by one Sri A. Rama Rao alleging non-repayment of his matured deposit by NFL, led to investigation. During the course of such investigation, it was revealed that as many as 93 similar cases were reportedly identified, culminating in the filing of a charge sheet before the learned Special Court constituted under the Act. By the aforesaid G.O. dated 16-03-2009, the Government ordered attachment of properties standing in the names of Mr. K. Satyanarayana Raju (A-2), NFL and others. However, several immovable properties exclusively standing in the name of the Petitioner Company were also included in the Annexure to the G.O., though no specific allegation found therein to the effect that such properties were acquired out of deposit funds, collected by NFL.
5. The Petitioner contends that it is an independent legal entity and that certain properties were
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