Durgam Anitha v. Hdfc Ltd

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD W.P.No. 3153 of 2019 ORDER:

Heard and perused the material available on record. The grievance of the petitioners is that they are owners and possessors of the agricultural land in which they are in possession and the unofficial respondents, who are constructing in connivance with the bankers have promoted the project and further they have allotted the flats/bungalows constructed in the venture. In regard to the other unofficial respondents, the bank has come forward offering loan on the strength of the security of the subject lands. Aggrieved thereby, the petitioners filed representations before the bankers requesting them not to advance any loan as the same is in violation of the SARFAESI Act, since the agricultural lands cannot be subjected to any kind of security. During the course of arguments, when this Court has posed query with the counsel whether there is any evidence to show on record or any pleadings to say that so far change to land use certificate or any permission has been obtained by the competent authority and the same is not placed before this Court.

However, without going into the merits of the case and without expressing any opinion, this writ petition is disposed of directing the 1st and 2nd respondent to consider the representations of the petitioners and pass appropriate orders

in accordance with law preferably within a period of two weeks from the date of receipt of a copy of this order. No costs.

Miscellaneous petitions, if any, pending in this petition shall stand closed.

_________________________ T. AMARNATH GOUD, J 29.04.2019 Note : issue c.c. tomorrow b/o kvrm