B. Bharath Singh v. The Debts Recovery Tribunal,
THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE P.KESHAVA RAO WRI T PETI TI ON NO.1348 OF 2018 ORDER: (per SK,J) The prayer of the petitioners in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, declaring questioning the action of the 1st respondents in issuance of Sale Notice, pursuant to the R.P.No.335/2005 in O.A.No.57/2005, Dt. 06-12-2017 for calling the Prospective Bidders to participate in e-Auction to be held on 22-01-2018 in respect of Schedule Properties No.1 to 5 open lands situated in Sy.No.2/1 and 2/2 to an extent of 1200 Sq.Yards each schedule property (total Sq.
yards) of Bandlaguda Village Gram Panchayath Ramachandrapuram Puram, Medak District, which are in possession of the Petitioners are being sold on "As is where is and As is what is basis" as published in Andhra Jyothi Daily News Paper on 11-122017 is illegal, arbitrary and in violation of principals of nature justice, consequently to set aside the Online e-Auction Sale to be held on 22-01-2018 pursuant to the R.P.No.335/2005 in O.A.No.57/2005, Dt.06-12-2017 in respect of Schedule Properties No.1 to 5 open lands bearing in Sy.No.2/1 and 2/2 to an extent of 1200 Sq.yards each schedule property (total 6000 Sq.yards), Bandlaguda Village Gram Panchayat Ramachandra Puram, Medak District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.' By order dated 05.03.2018 passed in I.A.No.
1 of 2018 filed in this writ petition, it was directed that the respondent-Central Bank of India should not interfere, in any manner, with the petitioners or their property, pending further orders.
This order was passed on the ground that the petitioners had nothing to do with the loan account or the recovery proceedings initiated in relation thereto but the bank was causing inconvenience to them by bringing prospective bidders to their house.
While so, Sri C.Venkata Raghu Ramulu, learned counsel for the respondent-Central Bank of India, would inform this Court that the loan account in relation to which steps were being taken by the bank has now been settled. He would further state that no auction proceedings would be held in connection with the loan account owing to this development We are of the opinion that the grievance of the petitioners would stand settled by virtue of this development.
The writ petition is accordingly closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs. ________________ SANJAY KUMAR,J _______________ P.KESHAVA RAO,J Date:07.08.2019 GJ