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High Court for State of TelanganaWP/26080/2016dismissed as infructuous

Sri. A. Srinivas Rao, S/O. Sri. A. Sanyasi Rao, v. Union Bank Of India, Visakhapatnam Main Branch,

2016-08-04C.V.Nagarjuna Reddy,Gudiseva Shyam Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT PETITION No.26080 OF 2016 DATED: 04-08-2016 A. Srinivasa Rao. --- Petitioner. And Union Bank of India, Visakhapatnam Main Branch, D.No.30-15-58, I Floor, Silver willow, Daba Gardens, Visakhapatnam, Rep. by its Chief Manager And two others. --- Respondents. Counsel for the petitioner : Mr. N. Vijay. Counsel for the respondent Nos.1 to 3 : ---

This Court made the following:

ORDER: (Per Hon'ble Sri Justice C.V. Nagarjuna Reddy) This Writ Petition is filed for the following substantive relief: "For the reasons stated in the accompanying affidavit, the petitioner herein prays this Hon'ble Court may be pleased to issue a Writ of Mandamus to declare the E-Auction notice dated 24.06.2016 issued by respondent No.2 proposing sale of land of petitioner, an extent of 1355 Sq. yards (out of 2000 Sq. yards) at Sy. No.356/4, Patta No.2162 in Narava Village of Pendurthi Mandal, Gajuwaka, Visakhapatnam as illegal, arbitrary and violative of the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 R/w. The Security Interest (Enforcement) Rules, 2002 and in violation of Articles 14, 21 and 300-A of Constitution of India, and contrary to RBI instructions and further to set-aside the same and pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case."

At the hearing, Mr. N. Vijay, learned counsel for the petitioner, submitted that since no bids were received in pursuance of the impugned auction notice, the cause in the Writ Petition does not survive for adjudication.

The Writ Petition is, accordingly, dismissed as infructuous. As a sequel to dismissal of the Writ Petition, W.P.M.P. No.32233 of 2016, filed by the petitioner for the interim relief, shall stand dismissed as infructuous.

________________________ C.V. NAGARJUNA REDDY, J ________________________ G. SHYAM PRASAD, J

Date: 04-08-2016.

Dsh THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE G. SHYAM PRASAD 09082016 WRIT PETITION No.26080 OF 2016

(Order of the Division Bench delivered by Hon'ble Sri Justice C.V. Nagarjuna Reddy) Date. 04-08-2016 DSH