High Court for State of TelanganaWP/30660/2016dismissed

Begari Yadaiah, v. Housing Development Finance Corporation Limited (Hdfc Ltd

2016-09-12C.V.Nagarjuna Reddy,Gudiseva Shyam Prasad3 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice G.Shyam Prasad Writ Petition No.30660 of 2016 Dated 12.09.2016 Between:

Begari Yadaiah ... Petitioner and Housing Development Finance Corporation Ltd., (HDFC Ltd.,), Hyderabad and 5 others

...Respondents

Counsel for the petitioner: Mr.G.Sampurna Anand The Court made the following:

CVNR, J & GSP, J WP.No.30660 of 2016 Dt: 12.09.2016 Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) The grievance of the petitioner is that in the guise of selling property bearing Plot No.2/A admeasuring 244 square yards or 203.984 square meters in Survey No.300 of Athavelly Gram Panchayat, Medchal Mandal, Ranga Reddy District, respondent Nos.1 and 2 are seeking to sell the house bearing No.3-15 situated in Gramakantam of Athvelly Village, Medchal Mandal, Ranga Reddy District.

The entire dispute raised by the petitioner pertains to identity of the property. For adjudicating a dispute of this nature, the Court needs to take on record both oral and documentary evidence. Therefore, the appropriate remedy for him is to file a civil suit for declaration that respondent Nos.1 and 2 have no right to sell his property, which was, allegedly, neither mortgaged nor secured in any other manner under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Instead of availing such remedy, the petitioner has filed the present Writ Petition under Article 226 of the Constitution of India, which is wholly inappropriate.

CVNR, J & GSP, J WP.No.30660 of 2016 Dt: 12.09.2016 For the afore-mentioned reasons, the Writ Petition is dismissed with liberty to the petitioner to avail the remedy of a civil suit.

As a sequel to dismissal of the Writ Petition, WPMP.No.37948 of 2016, filed by the petitioner for interim relief, is disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) _________________ (G.Shyam Prasad, J) Dt: 12th September, 2016 lur